6 ~310~ O F F I C E O F R II R A L COMMUNITY AFFAIRS A Rick Perry Governor Charles S. (Charlie) Stone Executive Director January 31, 2008 The Honorable Pat Tinley County Judge, Kerr County 700 Main St Kerrville, TX 78028 RE: Texas Community Development Block Grant (TxCDBG) Program Contract No. 718257 Programmatic Closeout Dear Judge Tinley: Executive Committee Michael Waters, Chair David Alders Wallace Klussmann Nicki Harle Lydia Rangel Saenz Carol Harrell Ike Sugg Charles N. Butts Patrick Wallace Texas Community Development Block Grant Program staff has reviewed the closeout documents that have been submitted for the above referenced contract. We determined that these documents comply with federal and contractual requirements. Therefore, this contract is closed subject to the right to recover funds or questioned costs based upon the findings of the Single Audit and final review by the U. S. Department of Housing and Urban Development (HUD). The Office of Rural Community Affairs (ORCA) is pleased to have participated in serving the intended beneficiaries of this project. If you have any questions concerning this letter, please contact me at (512) 936- 7881. Sincerely, ``~f Delfino erna, Program Monitor Compliance Division cc: Truby Hardin, Assistant Administrator, Kerr County Road and Bridge Division Maureen Mahoney, Regional Coordinator, Community Development Division Kathleen Schreiner, Program Development Specialist, Community Development Division Main Office P.O. Box 12877 Phone: 512-936-6701 Alice: Austin, TX 78711 Fax: 512-936-6776 Bedias: Toll Free: 800-544-2042 Kountze: 1700 N. Congress Ave., Ste 220 Email: orca@orca.state.tx.us LaGrange ustin, TX 78701 eb: www.orca.state.tx.us Field Offices 361-661-1665 Levelland: 806-897-1113 936-395-2456 Nacogdoches: 936-560-4188 409-246-8547 Sweetwater: 325-236-9672 : 979-968-6764 Vernon: 940-553-3560 AMENDMENT NO. 2 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 718257 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 1, 2003, for the performance of disaster relief - deobligated fund activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is revised to read hereafter as given in the Performance 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 that this amendment shall become effective on January 8, 2008. Section 4. The parties hereto agree that this amendment shall require no change to previously approved funding. Section 5. 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 6. 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. Page 1 of 2 Section 7. 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 JANUARY 8, 2008. (~a~t-~-tnt~y;~ounty Judge Kerr County Approved and accepted on behalf of the Office of Rural Community Affairs. ,~_ Charles S. (Charlie) Stone, 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. 2 EXHIBIT A PERFORMANCE STATEMENT CONTRACT NUMBER 718257 Kerr County Contractor shall utilize Program Year 1998 de-obligated Community Development funds to carry out the following activities in the target area identified in its 2003 Disaster Relief Fund application. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for each activity in Exhibit B, Budget. Contractor shall utilize Disaster Relief (DR) funds as the twenty-five percent (25%) match toward a grant from the Federal Emergency Management Agency (FEMA) for street activities. In addition, DR funds shall be utilized as the twenty-five percent (25%) match requirement by the Natural Resources Conservation Service (NCRS) for clearance and demolition activities. Street Improvements Contractor shall make repairs to street and drainage infrastructure damaged during July 2002 flooding and identified and approved by FEMA. Construction shall include: replace guard rails, asphalt and rip-rap, rebase roads, reshape ditches, repair concrete footings and stabilize erosion and restore approaches and surfaces where bridges and roadways were washed out. Construction shall take place at the following locations: From To Wallace Creek Rd West Lane Valle Road A roximatel 2.5 miles south of State Hw 27 Sutherland Road Center Point River Road Elm Pass II Wilson Creek Road Wilson Creek Spur 100 Near end of road Hermann Sons Road Guadalu a River Walk bridge Flat Rock Road at Road Creek _ These activities shall benefit two thousand seven hundred seventy-three (2,773) persons, of which one thousand fifteen (1,015) or thirty-seven percent (37%) are low to moderate income. Flood and Drainage Improvements Contractor shall address July 2002 damage flooding by performing erosion repairs, drainage improvements and debris removal from water ways. The project sites identified by NRCS will be repaired with CPM pipe, box culverts, concrete matting and fill material. Construction shall occur at the following locations. From To Turner Lane Center Point Road Hermann Sons Bride Guadalu a River Center Point River Road Center Point River Road Bowlin Page 1 of 2 These activities shall benefit two thousand seven hundred seventy-three (2,773) persons, of which one thousand fifteen (1,015) or thirty-seven percent (37%) are low to moderate income. Engineering Contractor shall ensure that the Office funds expended for all eligible project-related engineering services, including preliminary and final design plans and specification, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Page 2 of 2