Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.13 - Amendments to Written Agreements and Contracts

Current through Reg. 49, No. 28; July 12, 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.