| (a) The Department, acting by and through its Executive
Director or his/her designee, may authorize, execute, and deliver
amendments to any written Agreement or Contract that is not a Household
commitment contract, provided that the requirements of this section
are met unless otherwise indicated in the Program Rules.
(1) Time extensions. The Executive Director or his/her
designee may grant up to a cumulative 12 months extension to the end
date of any Contract unless otherwise indicated in the Program Rules.
Any additional time extension beyond a cumulative 12 months granted
by the Executive Director shall include a statement by the Executive
Director identifying the unusual, non-foreseeable or extenuating circumstances
justifying the extension. If more than a cumulative 12 months of extension
is requested and the Department determines there are no unusual, non-foreseeable,
or extenuating circumstances, it will be presented to the Board for
approval, approval with revisions, or denial of the requested extension.
(2) Award or Contract Reductions. The Department may
decrease an award for any good cause including but not limited to
the request of the Administrator, insufficient eligible costs to support
the award, or failure to meet deadlines or benchmarks.
(3) Changes in Households Served. Reductions in Contractual
deliverables and the number of Households to be served shall require
an amendment to the Contract. If such amendment is not approved, the
Applicant will have the right to appeal in accordance with §1.7
of this title (relating to Appeals Process).
(4) Increases in Award and Contract Amounts.
(A) Requests for increases in funding will be evaluated
by the Department on a first-come, first-served basis to assess the
capacity to manage additional funding, the demonstrated need for additional
funding and the ability to expend the increase in funding within the
Contract Term.
(B) The considerations to approve an increase in funding
shall include, at a minimum, fund availability, and Administrator's
ability to continue to meet existing deadlines, benchmarks, and reporting
requirements.
(C) Increases in funds may come from Program funds,
Deobligated funds, or Program Income.
(D) Qualifying requests will be recommended to the
Executive Director or his/her designee for approval.
(E) The Board must approve requests for increases in
Program funds in excess of 25% of the original Contract amount.
(5) The Division Director may approve Contract budget
amendments that move unexpended funds from one eligible cost category
to another if the amendment would not have impacted the award of funds
(6) The Division Director may approve other amendments
to a Contract or an Agreement, including amendments to the Administrator's
Service Area, benchmarks, or selection of Activities administered
under a Contract or an Agreement, provided that the amendment would
not have negatively impacted the priority of Board approved Applications.
(b) The Department may terminate a Contract in whole
or in part if the Administrator does not achieve performance benchmarks
as outlined in the Program Rule and/or Contract, or for any other
reason in the Department's reasonable discretion.
(c) In all instances noted in this section, where an
expected Mortgage Loan transaction is involved, Mortgage Loan documents
will be modified accordingly at the expense of the Administrator/borrower.
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