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<br />794, Age Discrimination Act of 1975, 42 USC ~~ 6101 et seq.; all provisions required by <br />implementing the regulations of the Department of Agriculture, 7 CFR Part 246; <br />Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; <br />28 CFR ~ 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and <br />guidelines, to the effect that no person will, on the grounds of race, color, national origin, <br />sex, age, or disability be excluded from participation under any program or activity for <br />which PERFORMING AGENCY receives federal financial assistance from FNS; and <br />hereby gives assurance that it shall immediately take measures necessary to implement <br />this Attachment. <br /> <br />PERFORMING AGENCY shall compile data, maintain records and submit reports, as <br />required, to permit effective enforcement of the nondiscrimination laws and permit <br />authorized USDA and State of Texas personnel, during normal working hours, to review <br />such records, books, and accounts as needed to ascertain' compliance with the <br />nondiscrimination laws. The Department of Agriculture, Food and Nutrition Services, <br />has the right to seek judicial enforcement if PERFORMING AGENCY violates any <br />nondiscrimination laws. This Assurance is binding on PERFORMING AGENCY, its <br />successors, transferees, and assignees, as long as they receive assistance or retain <br />possession of any assistance from the Department of Agriculture. The person or persons <br />whose signatures appear on the COVER PAGES of this Attachment are authorized to <br />sign this Assurance on behalf of PERFORMING AGENCY. <br /> <br />General Provisions, Standards for Financial and Programmatic Management Article, Item <br />A, regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are <br />not applicable to this Attachment. <br /> <br />General Provisions, Terms and Conditions of Payment Article, is hereby modified to include <br />the following paragraphs: <br /> <br />The participant caseload will be assigned by RECEIVING AGENCY Program by giving <br />written notice to PERFORMING AGENCY. The participant caseload is subject to <br />change upon written notice to PERFORMING AGENCY from RECEIVING AGENCY <br />Program with PERFORMING AGENCY'S concurrence. PERFORMING AGENCY <br />assumes liability for all food costs resulting from PERFORMING AGENCY exceeding <br />its assigned caseload. The number of individuals served in excess of assigned caseload <br />are not to be included in the calculation of earned administrative funds as described <br />below. <br /> <br />RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative <br />costs incurred when determining eligibility, providing appropriate nutrition education and <br />counseling, issuing food instruments, making participant. referrals, vendor evaluation, <br />outreach, start-up costs and general administrative support. <br /> <br />Administrative costs will be reimbursed based on actual costs, but not to exceed the <br />"maximum reimbursement" set out below, based upon the sum of the participants who <br />actually receive food instruments each month plus infants who do not receive any food <br /> <br />A TT ACHMENT - Page 5 <br />