081604
AMENDMENT NO. 2 TO
TEXAS COMMUNITY DEVELOPMENT PROGRAM
CONTRACT NO. 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 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,
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 one (1) page.
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 requirements to cooperate is included in
any subcontract it awards.
Section 4.
The parties hereto agree that this amendment shall become effective on August 3, 2004.
Section 5.
The parties hereto agree that this amendment shall require no change to previously approved funding.
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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 AUGUST 3, 2004.
_._
~~ ..
Pat Tinley, County Judge
Kerr County
Approved and accepted on behalf of the Office of Rural Community Affairs.
~/"S"am" Tessen, MS, Executive Director
of Rural Community Affairs
This contract amendment is not effec~ve unless signed by the Executive Director of the Office of Rural
Community Affairs, or his/her authorized designee.
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AMENDMENT NO. 2
EXHIBIT A
PERFORMANCE STATEMENT
Kerr County
Contractor shall cant' 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 tSewer 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.
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.
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
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