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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 /> 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 /> <br /> ATTACHMENT - Page 5 <br /> <br /> <br />