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<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 contract Attachment are <br />authorized to 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 contract Attachment. <br />. . <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'S WIC Program by <br />giving written notice to PERFORMING AGENCY. The participant caseload is subject <br />to change upon written notice to PERFORMING AGENCY from RECEIVING <br />AGENCY WIC Program with PERFORMING AGENCY'S concurrence. <br />PERFORMING AGENCY assumes liability for all food costs resulting from <br />PERFORMING AGENCY exceeding its assigned caseload. The number Of individuals <br />served in excess of assigned caseload are not to be included in the calculation of earned <br />administrative funds as described below. <br /> <br />RECEIVING AGENCY'S WIC Program will reimburse PERFORMING AGENCY for <br />administrative costs incurred when determining eligibility, providing appropriate <br />nutrition education and counseling, issuing food instruments, making participant <br />referrals, vendor evaluation, 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 />instruments whose breastfeeding mothers were participants to the extent that the total so <br />derived does not exceed PERFORMING AGENCY'S total assigned caseload within any <br />given month. Surplus funds (the amount by which maximum reimbursements exceed <br />actual costs) can be accumulated and carried forward within the contract Attachment <br />term. Surplus encumbered by September 30 shall be billed and vouchers received by <br />RECEIVING AGENCY'S WIC Program no later than December 31,2005. <br /> <br />PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: <br /> <br />During the term of the contract Attachment, PERFORMING AGENCY shall earn <br />administrative funds at the rate of $11.41 for each participant served as defined above. <br /> <br />A TT ACHMENT - Page 6 <br />