Common use of Agreement Amendment Clause in Contracts

Agreement Amendment. If the Grantee wants to amend this grant, they must submit a written request to the Grant Officer designated in Section VIII of Attachment A - Agreement Amendment. Any amendment, whether requested by the Grantee or the Department, must be documented by completion of the Department's amendment form (DEP-076). The completed amendment form must be executed by authorized representatives of both parties in the same manner as this agreement, unless the amendment is of the types described in subparagraphs A, B, C, or D below. If the amendment is of the types described in subparagraphs A, B, C, or D below, then the Grant Officer may execute the amendment form by signing same in the designated place, and execution by authorized representatives of the Grantee or Department will not be required. However, any amendment to the Scope of Services, including but not limited to any increase in the amount of the Approved Budget, must be memorialized by a completed amendment form, executed by authorized representatives of both parties. A. The Grantee may obtain approval directly from the Grant Officer to transfer amounts of up to $20,000 or 10% of the total agreement amount, whichever is less, from one direct cost category to another or from the indirect cost category to a direct cost category, as long as this transfer does not result in any change in the project's scope, Work Period, objective, or deliverables, and, for Federally-funded agreements, provided that such costs are allowable and that the transfer would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. If the total agreement amount is less than $25,000, the Grant Officer may disregard the 10% limitation and approve transfers of up to $2,500. 1. “Indirect costs” are those incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. “Direct costs" are those which can be identified specifically with a particular final cost objective or that can be directly assigned to activities relatively easily with a high degree of accuracy. 2. The amendment form documenting any budget revision shall clearly show and justify each change in each cost category, either on the form or on an attachment to it. B. The Department may reduce the Approved Project Budget and the Scope of Services so that they fairly reflect anticipated project expenditures and progress if: 1. The Department notifies the Grantee that the Grantee is making project expenditures or progress at a rate which, in the judgment of the Department, will result in substantial failure to expend the grant or to fulfill the purposes of this agreement, 2. The Department notifies the Grantee at least thirty (30) days in advance of any reduction, 3. After consultation, the Grantee is unable to develop to the satisfaction of the Department a plan to rectify its low level of project expenditures or progress, and 4. The Department considers the Grantee’s fixed costs when making any reduction. C. The Grant Officer may approve no-cost time extensions to the Work Period or the due date of the final report in increments of six months or less, but not beyond any applicable time period for expending the source of funding. Written justification and documentation evidencing the need to extend the Work Period or the due date of the final report must be submitted to the Grant Officer at least thirty (30) days in advance of the scheduled end of the Work Period. The amendment form (DEP-076) documenting any no-cost time extension shall clearly show and justify the change, either on the form or on an attachment to it. D. The Grant Officer may approve proposed Grantee substitutions to the personnel and/or subcontractors identified and approved for this agreement, provided that, for Federally-funded agreements, the substitution would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. The Grantee must submit a written request to the Department which includes: 1. An explanation of the reasons why the original personnel/subcontractors cannot be provided; 2. Vitae/credentials which demonstrate that the qualifications of the substitutions are equal to or better than the originally proposed personnel/subcontractors; and 3. A declaration that the substitution will be provided at no additional cost to the State.

Agreement Amendment. If the Grantee wants it desires to amend this grantagreement, they the Grantee must submit a written request to the Grant Officer designated in Section VIII IX of Attachment A - Agreement AmendmentA, Additional Provisions and Special Modifications. Any amendment, whether requested by the Grantee or the Department, must be documented by completion of the Department's amendment form (DEP-076). The completed amendment form must be formally executed by authorized representatives of both parties in the same manner as this agreement, unless the amendment being documented is of the types type described in subparagraphs paragraph A, B, Cor C of this Section XVI, or D belowAgreement Amendment. If It the amendment is of the types type described in subparagraphs paragraph A, B, C, or D C below, then the Grant Officer may execute the amendment form for the State by signing same it in the designated place, and no formal execution by authorized representatives of the Grantee or Department parties will not be required. HoweverAs a nonrestrictive example only, if the Department requests, and the Grantee consents to, any amendment to the Scope scope of Servicesthe services to be performed by the Grantee, including but not limited to any increase in the amount of the Approved Budgetapproved budget, such amendment must be memorialized by a completed amendment form, formally executed by authorized representatives of both parties. A. The Grantee may obtain approval directly from the Grant Officer to transfer amounts of up to $20,000 or 10% of the total agreement grant amount, whichever is less, from one direct cost category to another or from the indirect cost category to a direct cost category, as long as this transfer does not result in any change in the project's scope, Work Periodwork period, objective, or deliverables, and, for Federally-funded agreements, provided that such costs are allowable and that the transfer would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. If the total agreement grant amount is less than $25,000, the Grant Officer may disregard the 10% limitation and approve transfers of up to $2,500. 1. “Indirect costs” are those incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. “"Direct costs" are those which can be identified specifically with a particular final cost objective or that can be directly assigned to activities relatively easily with a high degree of accuracyobjective. 2. The amendment form documenting any budget revision shall clearly show and justify each change in each cost category, either on the form or on an attachment to it. B. The Department may reduce the Approved Project Budget grant budget and the Scope scope of Services services so that they fairly reflect anticipated project expenditures and progress if: 1. The the Department notifies the Grantee Grantee, that the Grantee is making project expenditures or progress at a rate which, in the judgment of the Department, will result in substantial failure to expend the grant or to fulfill the purposes of this agreement, 2. The the Department notifies the Grantee at least thirty (30) days in advance of any reduction, 3. After after consultation, the Grantee is unable to develop to the satisfaction of the Department a plan to rectify its low level of project expenditures or progress, and 4. The the Department considers the Grantee’s 's fixed costs when making any reduction. C. The Grant Officer may approve no-cost time extensions to the Work Period work period or the due date of the final report in increments of six months or less, less but not beyond any applicable time period for expending the source expiration date as described in Section XVIII.A.2 of fundingthe General Terms and Conditions of this agreement, Termination, Expiration, and Suspension. Written justification and documentation evidencing the need to extend the Work Period work period or the due date of the final report must be submitted to the Grant Officer at least thirty (30) days in advance of the scheduled end of the Work Periodwork period. The Grant Officer shall decide whether to grant the extension. The amendment form (DEP-076) documenting any no-cost time extension shall clearly show and justify the change, either on the form or on an attachment to it. D. The Grant Officer may approve proposed Grantee substitutions to the personnel and/or subcontractors identified and approved for this agreement, provided that, for Federally-funded agreements, the substitution would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. The Grantee must submit a written request to the Department which includes: 1. An explanation of the reasons why the original personnel/subcontractors cannot be provided; 2. Vitae/credentials which demonstrate that the qualifications of the substitutions are equal to or better than the originally proposed personnel/subcontractors; and 3. A declaration that the substitution will be provided at no additional cost to the State.

Agreement Amendment. If the Grantee wants it desires to amend this grantagreement, they the Grantee must submit a written request to the Grant Officer designated in Section VIII IX of Attachment A - Agreement AmendmentA, Additional Provisions and Special Modifications. Any amendment, whether requested by the Grantee or the Department, must be documented by completion of the Department's amendment form (DEP-076). The completed amendment form must be formally executed by authorized representatives of both parties in the same manner as this agreement, unless the amendment being documented is of the types type described in subparagraphs paragraph A, B, Cor C of this Section XVI, or D belowAgreement Amendment. If It the amendment is of the types type described in subparagraphs paragraph A, B, C, or D C below, then the Grant Officer may execute the amendment form for the State by signing same it in the designated place, and no formal execution by authorized representatives of the Grantee or Department parties will not be required. HoweverAs a nonrestrictive example only, if the Department requests, and the Grantee consents to, any amendment to the Scope scope of Servicesthe services to be performed by the Grantee, including but not limited to any increase in the amount of the Approved Budgetapproved budget, such amendment must be memorialized by a completed amendment form, formally executed by authorized representatives of both parties. A. . The Grantee may obtain approval directly from the Grant Officer to transfer amounts of up to $20,000 or 10% of the total agreement grant amount, whichever is less, from one direct cost category to another or from the indirect cost category to a direct cost category, as long as this transfer does not result in any change in the project's scope, Work Periodwork period, objective, or deliverables, and, for Federally-funded agreements, provided that such costs are allowable and that the transfer would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. If the total agreement grant amount is less than $25,000, the Grant Officer may disregard the 10% limitation and approve transfers of up to $2,500. 1. “"Indirect costs” are those incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. “"Direct costs" are those which can be identified specifically with a particular final cost objective or that can be directly assigned to activities relatively easily with a high degree of accuracy. 2objective. The amendment form documenting any budget revision shall clearly show and justify each change in each cost category, either on the form or on an attachment to it. B. . The Department may reduce the Approved Project Budget grant budget and the Scope scope of Services services so that they fairly reflect anticipated project expenditures and progress if: 1. The : the Department notifies the Grantee Grantee, that the Grantee is making project expenditures or progress at a rate which, in the judgment of the Department, will result in substantial failure to expend the grant or to fulfill the purposes of this agreement, 2. The , the Department notifies the Grantee at least thirty (30) days in advance of any reduction, 3. After , after consultation, the Grantee is unable to develop to the satisfaction of the Department a plan to rectify its low level of project expenditures or progress, and 4. The and the Department considers the Grantee’s 's fixed costs when making any reduction. C. . The Grant Officer may approve no-cost time extensions to the Work Period work period or the due date of the final report in increments of six months or less, less but not beyond any applicable time period for expending the source expiration date as described in Section XVIII.A.2 of fundingthe General Terms and Conditions of this agreement, Termination, Expiration, and Suspension. Written justification and documentation evidencing the need to extend the Work Period work period or the due date of the final report must be submitted to the Grant Officer at least thirty (30) days in advance of the scheduled end of the Work Periodwork period. The Grant Officer shall decide whether to grant the extension. The amendment form (DEP-076) documenting any no-cost time extension shall clearly show and justify the change, either on the form or on an attachment to it. D. The Grant Officer may approve proposed Grantee substitutions to the personnel and/or subcontractors identified and approved for this agreement, provided that, for Federally-funded agreements, the substitution would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. The Grantee must submit a written request to the Department which includes: 1. An explanation of the reasons why the original personnel/subcontractors cannot be provided; 2. Vitae/credentials which demonstrate that the qualifications of the substitutions are equal to or better than the originally proposed personnel/subcontractors; and 3. A declaration that the substitution will be provided at no additional cost to the State.

Agreement Amendment. If the Grantee wants it desires to amend this grantagreement, they the Grantee must submit a written request to the Grant Officer designated in Section VIII of Attachment A - Agreement AmendmentOfficer. Any amendment, whether requested by the Grantee or the Department, must be documented by completion of the Department's amendment form (DEP-076). The completed amendment form must be formally executed by authorized representatives of both parties in the same manner as this agreement, unless with the amendment is of the types described in subparagraphs A, B, C, or D belowfollowing exception. If the amendment being documented is of the types type described in subparagraphs Aparagraph a), B, Cb), or D c) below, then the Grant Officer may execute the amendment form for the State by signing same it in the designated place, and no formal execution by the originally authorized representatives of the Grantee or Department parties will not be required. However, any amendment . a) The Grant Officer may approve no-cost time extensions to the Scope work period or the due date of Services, including the final report in increments of six months or less but not limited to any increase in beyond the amount third anniversary of the Approved Budget, original Grant Work Period Expiration date of this agreement. Written justification and documentation evidencing the need to extend the work period or the due date of the final report must be memorialized by a completed submitted to the Grant Officer at least thirty (30) days in advance of the scheduled end of the work period. The amendment formform (DEP-076) documenting any no-cost time extension shall clearly show and justify the change, executed by authorized representatives of both partieseither on the form or on an attachment to it. A. b) The Grantee may obtain approval directly from the Grant Officer to transfer amounts of up to $20,000 or 10% of the total agreement grant amount, whichever is less, from one direct cost category to another or from the indirect cost category to a direct cost category, as long as this transfer does not result in any change in the project's scope, Work Periodwork period, objective, or deliverables, and, for Federally-funded agreements, provided that such costs are allowable and that the transfer would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. If the total agreement grant amount is less than $25,000, the Grant Officer may disregard the 10% limitation and approve transfers of up to $2,500. 1. “Indirect costs” are those incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. “Direct costs" are those which can be identified specifically with a particular final cost objective or that can be directly assigned to activities relatively easily with a high degree of accuracy. 2. The amendment form documenting any budget revision shall clearly show and justify each change in each cost category, either on the form or on an attachment to it. B. c) The Department may reduce the Approved Project Budget grant budget and the Scope scope of Services services so that they fairly reflect anticipated project expenditures and progress if: 1. The ) the Department notifies the Grantee Grantee, that the Grantee is making project expenditures or progress at a rate which, in the judgment of the Department, will result in substantial failure to expend the grant or to fulfill the purposes of this agreement, 2. The ) the Department notifies the Grantee at least thirty (30) days in advance of any reduction, 3. After ) after consultation, the Grantee is unable to develop to the satisfaction of the Department a plan to rectify its low level of project expenditures or progress, and 4. The ) the Department considers the Grantee’s 's fixed costs when making any reduction. C. The Grant Officer may approve no-cost time extensions to the Work Period or the due date of the final report in increments of six months or less, but not beyond any applicable time period for expending the source of funding. Written justification and documentation evidencing the need to extend the Work Period or the due date of the final report must be submitted to the Grant Officer at least thirty (30) days in advance of the scheduled end of the Work Period. The amendment form (DEP-076) documenting any no-cost time extension shall clearly show and justify the change, either on the form or on an attachment to it. D. The Grant Officer may approve proposed Grantee substitutions to the personnel and/or subcontractors identified and approved for this agreement, provided that, for Federally-funded agreements, the substitution would not require the Department to seek Federal Agency approval pursuant to 2 CFR Part 200 or the appropriate Federal Agency Regulations for Grants and Agreements and Federal Agency Regulations, whichever would be applicable under Federal Law. The Grantee must submit a written request to the Department which includes: 1. An explanation of the reasons why the original personnel/subcontractors cannot be provided; 2. Vitae/credentials which demonstrate that the qualifications of the substitutions are equal to or better than the originally proposed personnel/subcontractors; and 3. A declaration that the substitution will be provided at no additional cost to the State.