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Section 7: Grant Agreement Amendment

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During the active period of a project, conditions may change that require the original grant agreement to be amended.

If both parties consent to altering the project in some way, then a formal grant agreement must be executed to effect the change.

Some reasons for amending the grant agreement might include:

Amendments are also executed to authorize a material change in other terms and conditions.

NOTE: An amendment cannot be used to authorize new or different work not related to the scope of the original grant.

NOTE: A written amendment must be fully executed by all parties before the changes are implemented.

NOTE: All amendments to a grant agreement must be fully executed prior to the end of the grant.

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Amendment Process

Amendment requests are initiated by the subgrantee and submitted to the TxDOT Project Manager through the Traffic Safety Electronic Grant Management System (eGrants). If the amendment request is approved, the Project Manager will open the grant pages in eGrants to allow for changes to be made to the existing grant agreement. Once these changes have been submitted, the Project Manager reviews the changes, and if the Project Manager approves the changes, the changes are submitted to the Traffic Operations Division - Traffic Safety Section (TRF-TS) Program Director and the TRF-TS Section Director for review.

If approved, a notification will be submitted to the subgrantee approving the changes. At this point, the subgrantee will obtain the signatures necessary to fully execute the new amended agreement.

For electronic executed grants, amendments will also be executed electronically.

To review the procedures involved in the grant amendment process, see the Grant Amendment Instructions on the eGrants Help Page.

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Approval Process

A formal amendment will follow the same approval processing procedures as the original agreement. The same signature authority that applies for the original agreement also applies for any amendment to that agreement (see Chapter 1, Section 6, “Signature Authority”). As with the original grant agreement, the amendment becomes effective when signed by the appropriate authority.

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Budget Amendments

No changes to a subgrantee’s budget are allowed without a budget amendment approved by TRF, except as noted under the following subheading.

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Allowable Cost Overruns

Subgrantees may overrun a budget category (see “Budget Categories” in Chapter 3, Section 6 of this manual) without a budget amendment, as long as the overrun does not exceed 5 percent of the maximum amount eligible for reimbursement and provided there is a commensurate underrun elsewhere in the budget. The maximum amount eligible for reimbursement under the approved budget must not be exceeded without an approved budget amendment.

Subgrantees must notify TxDOT TRF-TS of any cost overruns and related underruns. This notification is accomplished by submitting an RFR, including completing the eGrants RFR Budget Summary Page. See RFR Budget Summary Instructions for assistance in completing the information necessary to provide the notification of budget overruns/underruns.

EXAMPLE: A subgrantee is projecting an overrun of $200 in Travel and Per Diem (accounting code 300 of the Labor category). The total reimbursable amount in the approved budget is $4,000. Since the projected $200 overrun is exactly five percent of $4,000, it meets the allowable overrun policy requirements, provided there is an underrun of at least $200 in another budget category (such as Other Direct Costs).

For Selective Traffic Enforcement Program (STEP) grants only, subgrantees are not allowed to use underrun funds from the TxDOT amount of salaries, subcategory A, “Enforcement,” or B, “PI&E Activities,” to exceed the TxDOT amount listed in subcategory C, “Other.” Also, subgrantees are not allowed to use underrun funds from the TxDOT amount of “Salaries,” subcategory A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listed in subcategory B, “PI&E Activities.” The TxDOT amount for subcategory B, “PI&E Activities,” or C, “Other,” can only be exceeded within the five percent flexibility, with underrun funds from budget categories II or III.

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Process Overview

An overview of the eGrants amendment process can be found in the eGrants Amendment Process Workflow.

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Grant and Contract Agreement Termination

The executed traffic safety grant shall remain in effect until the subgrantee has satisfactorily completed all services and obligations described in the grant and these activities have been accepted by TxDOT, unless:

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  • The agreement is terminated in writing with the mutual consent of both parties.
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  • There is a written 30-day notice by either party.
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  • TxDOT determines that the performance of the project is not in the best interest of TxDOT and informs the subgrantee that the project is terminated immediately.

TxDOT will compensate the subgrantee only for eligible expenses incurred during the grant period specified in the grant agreement that are directly attributable to the completed portion of the work covered by the grant agreement provided that the work has been completed in a manner that is satisfactory and acceptable to TxDOT. The subgrantee will not be reimbursed for any new obligations after the effective date of termination.

For instructions on procedures for terminating or requesting to terminate a grant through the eGrants system, see the Grant Termination Instructions on the eGrants Help Page.

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Process Overview

An overview of the eGrants Grant Termination Process can be found in the eGrants Grant Closeout Process Workflow.

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