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<br />1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br /> <br />6 <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br /> <br />19 <br /> <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />amendments to this Agreement modifying CONTRACTOR's services in amounts that do not collectively <br />increase or decrease by more than 10% the price of said services under this Agreement when originally <br />executed. Modifications in excess of 10% of the original Agreement price, and modifications that <br />materially alter either of the parties' obligations hereunder must be approved by the COUNTY's Board of <br />Supervisors. <br />CONTRACTOR and DIRECTOR shall make a good faith effort to reach an agreement with respect <br />to change orders, which affect the price of services under the Agreement. CONTRACTOR's protest or <br />failure to agree to the amount of any adjustment to be made as a result of a change order shall be a <br />dispute for which an appeal may be made pursuant to Section 43 of this Agreement. Notwithstanding the <br />foregoing, the price of services under this Agreement shall not be increased except by written modification <br />of this Agreement indicating the new services and price of this Agreement if applicable. Until the parties <br />reach agreement, CONTRACTOR shall not be obligated to assume increased performance under the <br />change order beyond the limitation of funds established within this Agreement. <br />(b) CONTRACTOR may request changes in the scope of performance or services under this <br />Agreement, by submitting a written request to DIRECTOR describing the request and its impact on <br />CONTRACTOR's Proposal, Statement of Work and Budget Schedule. DIRECTOR will review the request <br />and respond in writing within ten (10) business days. Requests shall be reviewed in light of all CID <br />program activities. DIRECTOR's decision whether to approve the request or request Board of <br />Supervisors' approval shall be final. DIRECTOR may approve a request that meets all of the following <br />criteria: <br /> <br />(i) The request does not increase or decrease the total amount of the funds <br />allocated for the individual programs affected by 10% from the amount specified <br />in Exhibit "D" of this Agreement, when it was originally executed; <br />(ii) It does not materially change other terms of this Agreement, and <br />(iii) It is supported by adequate consideration to COUNTY. <br />Board of Supervisors' action is necessary to approve a request from CONTRACTOR that does not satisfy <br />all of the criteria listed above. <br /> <br />WIA COST REIMBURSEMENT CONTRACT - REV. 8-15-07 <br /> <br />16 <br />