Cal. Code Regs. tit. 14 § 4970.19.2

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 4970.19.2 - Project Amendments

A Project amendment is required if a modification to the Project Description, Project Cost Estimate, or extension of the Project performance period (time extension) is needed to accomplish the intent of the original Project Agreement. Prior OHMVR Division approval of adjustments to the Project Cost Estimate is required or the charged costs may be denied. Time extensions for programmatic Project Agreements (e.g., GO, law enforcement, and Education and safety) may be denied. Project amendment requests may be approved when circumstances exist beyond the Grantee's control that would otherwise result in the Project not being completed.

(a) Modifications to the Project Description may include but are not limited to:

(1) Different techniques are employed to achieve the original outcome, and

(2) Acquisition of a different type of equipment.

(b) Reasons for time extensions may include but are not limited to:

(1) Fires,

(2) Earthquakes, and

(3) Floods.

(c) Grantees requesting a Project amendment shall submit to the OHMVR Division in writing the following:

(1) An explanation of the reasons/circumstances that justify the change,

(2) A description of the potential implications if the amendment is not approved,

(3) A progress/status report of the Project to date, and

(4) If the amendment requires an extension of the Project performance period, specification of the length of additional time required to complete the Project.

(d) A written request shall be submitted to the OHMVR Division at least thirty (30) calendar days prior to the end date specified in the Project Agreement.

(e) Unspent funds that remain at the end of the Project performance period are not in themselves sufficient justification for time extensions.

(f) The OHMVR Division shall review the requested Project amendment and make a determination for approval/disapproval. If the amendment is disapproved, the OHMVR Division will provide written notification to the Grantee with an explanation why the request was denied. If the amendment is approved, the OHMVR Division will process an amendment to the Project Agreement specifying modifications and the revised Project performance period (if applicable). The amendment becomes effective when the OHMVR Division returns the executed amendment to Project Agreement to the Grantee. The OHMVR Division and the Grantee shall retain copies of the amendment to the Project Agreement on file.

Cal. Code Regs. Tit. 14, § 4970.19.2

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (f) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of first paragraph and subsection (a)(2) filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
4. Amendment of first paragraph and subsection (f) filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (f) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of first paragraph and subsection (a)(2) filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
4. Amendment of first paragraph and subsection (f) filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.