Current through Reg. 49, No. 38; September 20, 2024
(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.
