OFFICE OF Rick Perry The Honorable Pat Tinley County Judge, Kerr County 700 Main Street Kerrville, Texas 78028 Governor J. Randel (Jerry) Hill Aeting Executive Director 10/11 /2004 ~~~3~~ ~~~~~~~ ~.r ~~i RURAL COMMUNITY AFFAIRS Executive Committee William M. Jeter, III, Chair David Alders Jim Roberts Nicki Harle Lydia Rangel Saenz Carol Harrell Patrick Wallace Wallace Klussmann Michael Waters Re: Texas Community Development Program (TCDP) Contract No. 722411 Amendment No. 3 Dear Judge Tinley: Enclosed is an executed copy of Amendment No. 3 to Contract No. 722411 between Kerr County and the Office of Rural Community Affairs (ORCA), effective September 28, 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, Terrie L. Hairston, Director Implementation and Management Services TLH:mam Enclosure cc: Contract File wlexamd.doc Pad._J ~ .AUK ot_`~ `i.~-~D. ~0 ~~ lit Main Office Field Offices P.O. Box 12877 Phone: 512-936-6701 East Texas Technical Assistance Center, Nacogdoches: 936-560-4188 Austin, TX 78711 Fax: 512-936-6776 South Texas Technical Assistance Center, Alice: 361-661-1665 Toll Free: 800-544-2042 West Texas Technical Assistance Center, Lubbock: 806-794-6938 1700 N. Congress Ave., Ste 220 Email: orcat~orca.state.tx.us Austin, TX 78701 Web: www.orca.state.tx.us AMENDMENT NO. 3 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT N0.722411 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 the 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 March 19, 2002, for the performance of community development activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Pertormance Statement, is revised to read hereafter as given in the Pertormance Statement attached to this amendment, hereinafter referred to as Exhibit A, and hereby made a part of this amendment. Exhibit A consists of two (2) pages. Section 3. 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 4 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 5. The parties hereto agree that this amendment shall become effective on September 28, 2004. Page 1 of 2 Section 6. The parties hereto agree that this amendment shall require no change to previously approved funding. Section 7. 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 8. 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 9. 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 SEPTEMBER 28, 2004. .~ Pat Tinley, County ,ofv~_ Kerr County Approved and accepted on behalf of the Office of Rural Community Affairs. ,~~ ,. ~ ~` ~ ~ , s ~~r Robt. J. "Sam" Tessen, MS, Executive Director Office of Rural Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorized designee. Page 2 of 2 AMENDMENT NO. 3 EXHIBIT A PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001/2002 Community Development Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first time water service to residents of the Loyal Valley area of Kerrville South by installing approximately one thousand linear feet (1,000 I.f.) of four-inch {4") PVC force main, one thousand six hundred linear feet (1,600 I.f.) of six-inch (6") PVC sewer line, six (6) manholes, one (1) lift station, with related wet wells and submersible pumps, thirty-two (32) four-inch (4") service laterals to the property lines. These activities shall benefit one hundred three (103) persons, of which seventy-eight (78) or seventy-six percent (76%) are of low to moderate income. Rehabilitation of Private Properties (Sewer Facilities Contractor shall install twenty-two (22) four-inch (4") yard lines, and decommission on-site sewer systems, including filling of tankage. Contractor shall also decommission thirteen (13) septic tanks from the Wood Drive/Sweetwater area originally scheduled to be decommissioned under Texas Community Development Program (TCDP) contract # 721075. Construction shall take place on the eastern portion of Loyal Valley Drive from Ranchero Road to where Loyal Valley Drive makes a ninety (90) degree bend to the west, then east to an existing City of Kerrville ten-inch (10") sewer line. These activities shall benefit one hundred one (101) persons, of which one hundred one (101) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire appropriately sized easements for locating the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights-of-way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies act of 1970 (42 U.S.C. Sec 4601 et. Seq.) and HUD implementing regulations (24 C.F.R. Part 42). Engineering Contractor shall ensure that the amount of Department funds expended for all eligible project- related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Page 1 of 2 Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget Page 2 of 2 AMENDMENT NO. 3 EXHIBIT B BUDGET County of Kerr 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 Protection 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 $ $ $ $151,850 $ 12,500 $164,350 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 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%) 32. General Administration TOTALS FUNDS FUNDS TOTAL $ $ $ $ $ $ $ 24, 200 $ - 0 - $ 24, 200 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 13,750 $ - 0 - $ 13,750 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 35,200 $ - 0 - $ 35,200 $ $ $ $ 25,000 $ - 0 - $ 25,000 $250,000 $ 12,500 $262,500 Page 2 of 2