073004 OFFICE OF RURAL COMMUNITY Ridc Peny Governor Robt J. "Sam" Tessen, MS Executive Director July 28, 2004 The Honorable Pat Tinley County Judge, Kerr County 700 Main Kerrville, Texas 78028 Re: Texas Community Development Program (TCDP) Contract No. 721075 Amendment No. 4 Dear Judge Tinley: ~ ~~~~r .~ ~o ~L; I ~ JUL 3 0 2004 ~ AFFAIR - Executive Committee William M. Jeter, III, Chair David Alders Jim Roberts Nicki Harle Lydia Rangel Saenz Carol Harrell Patrick Wallace Wallace Klussmann Michael Waters Enclosed is an executed copy of Amendment No. 4 to Contract No. 721075 between Kerr County and the Office of Rural Community Affairs (ORCA), effective July 20, 2004. Should. you have any questions or need additional information concerning this amendment, please do not hesitate to contact your Rural Services Coordinator, Joe Midura at (512) 936-7880. Sincerely, eyrie L. rston, irector Implementation and Management Services TLH:mam Enclosure cc: Contract File wlexamd.doc Main Office Fieid Offices P.O. Box 12677 Phone: 512-936-6701 East Texas Technical Assistance Center, Nacogdoches: 936-560-4168 Austin, TX 78711 Fax: 512-936-6776 West Texas Technical Assistance Center, Lubbock: 806-794-6938 Toll Free: 600-544-2042 South Texas Technical Assistance Center: Coming soon! 1700 N. Congress Ave., Ste 220 Email: orca~orca.state.tx.us Austin, TX 76701 Web:. www.orca.state.tx.us AMENDMENT NO.4 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 721075 OFFICE OF RURAL COMMUNITY AFFAIRS AND KERR COUNTY STATE OF TEXAS COUNTY OF TRAVIS Section 1. The Office of Rural Community Affairs, an agency of the State of Texas, hereinafter referred to as "Office", and Kerr County, hereinafter referred to as "Contractor", do hereby contract and agree to amend their original contract, as initially executed by the Executive Director of the Office effective May 8, 2001, for the performance of community development activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above so that the Budget, Exhibit B, is revised to read hereafter as given in the Budget attached to this amendment, hereinafter referred to as Exhibit B, and hereby made a part of this amendment. Exhibit B consists of two (2) pages. Section 3. The parties hereto agree to amend the contract identified in Section 1 by adding Section 19 (F) as follows: F. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. Section 4. The parties hereto agree that this amendment shall become effective on July 20, 2004. Section 5. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 Section 6. The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in effect and shall continue to govern except to the extent that they conflict with the terms of this amendment. Section 7. The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above. Section 8. By the signing of this amendment, the parties hereto expressly understand and agree that this amendment shall become a part of the contract identified above in Section 1 above as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE JULY 20, 2004. _ - -_.~,.._ w-----_.., ~ ~'` Pat Tfrtlep; unty Judge Kerr County ~''v Approved and accepted on behalf of the Office of Rural Community Affairs. gym" Tessen, MS, Executive Director ural Community Affairs This contract amendment is not effectlde unless signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorized designee. Page 2 of 2 AMENDMENT NO. 4 EXHIBIT B BUDGET Kerr County LINE CATEGORIES 1 a. Water Facilities 1 b. Sewer Facilities 2. Solid Waste Disposal Facilities 3. Other Public Utilities (Gas) 4. Street Improvements 5. Flood and Drainage Facilities 6. Neighborhood Facilities/ Community Centers 7. Senior Centers 8. Centers for the Handicapped/ Sheltered Workshops 9. Parks, Playgrounds, and Other Recreational Facilities 10. Fire Protections Facilities and Equipment 11. Parking Facilities 12. Pedestrian Malls and Walkways 13. Specially Authorized Assistance to Privately Owned Utilities 14. Specially Authorized Public Facilities and Improvements 15. Public Services (LIMITED TO 15% OF REQUEST) 16. Interim Assistance CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $ 421, 558 $ - 0 - $ 421, 558 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Page 1 of 2 LINE CATEGORIES 17. Rehabilitation of Private Properties (Housing) 17a. Rehabilitation of Private Properties (Water Service) 17b. Rehabilitation of Private Properties (Sewer Service) 18. Rehabilitation of Public Residential Structures 19. Public Housing Modernization 20. Clearance Demolition Activities 21. Historic Preservation 22. Removal of Architectural Barriers 23. Code Enforcement 24. Acquisition 25. Relocation Payments & Assistance 26. Economic Development Loan 27. Economic Devel. Interest Subsidy 28. Economic Devel. Loan Guarantee 29. Special Activities by Local Devel Corporations, Etc. 30. Engineering/Architectural Serv. (Total for all construction accounts) 31. Planning & Urban Env. Design (NOT TO EXCEED 16°l0} 32. General Administration TOTALS CONTRACT OTHER FUNDS FUNDS TOTAL $ $ $ $ $ $ $ 52,942 $ - 0 - $ 52,942 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -0- $ -0- $ -0- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 25,500 $ 40,000 $ 65,000 $ $ $ ~ _ n _ ~ ~~ nnn ~ a~ nnn $ 500,000 $ 75,000 575,000 Page 2 of 2