090204 OFFICE OF RURAL COMMUNITY Rick Perry Governor Robt. J. "Sam" Tessen, MS Executive Director August 31, 2004 The Honorable Pat Tinley County Judge, Kerr County 700 Main Kerrville, Teas 78028 Re: Texas Community Development Program (TCDP) Contract No. 721075 Amendment No. 6 Dear Judge Tinley: D S~ao~ AFFAIRS Executive Committee Witham M. Deter, II1, Chair David Alders Jim Roberts Nicki Harie Lydia Rangei Saenz Carol Harrell Patrick Wallace Wallace Klussmann Michael Waters i ~ ~- ~ ~~~ '~ 2 ZQ~4 '~ :~ - ~. Enclosed is an executed copy of Amendment No. 6 to Contract No. 721075 between Kerr County and the Office of Rural Community Affairs (ORCA), effective August 7, 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, ~~~~ r ~e L. Hairston, Director Implementation and Management Services TLH:mam Enclosure cc: Contract File wlexamd.doc Main Office P.O. Box 12877 Phone:. 512-936-6701 Austin, TX 76711 Fax: 512-936-6776 Toll Free: 800-544-2042 1700 N. Congress Ave., Ste 220 Email: orca~orca.state.tx.us ustin, TX 78701 Field Offices East Texas Technical Assistance Center, Nacogdoches: 936-560-4188 West Texas Technical Assistance Center, Lubbock: 806-794-6938 South Texas Technical Assistance Center: Coming soon! 'Web:. www.orca.state.tx.us AMENDMENT NO. 6 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 by deleting in its entirety Section 2, Contract Period, and replacing it with the following: Section 2. CONTRACT PERIOD This contract and agreement shall commence on May 8, 2001, and shall terminate on November 7, 2004, unless otherwise specifically provided by the terms of this contract. 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. The parties hereto agree that this amendment shall become effective on August 7, 2004. Section 4. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 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. 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 AUGUST 7, 2004. . _ _.. ~ ~'°_ Pat Tinley, ounty Judge Kerr County ~~~* ~''~-- Approved and accepted on behalf of the Office of Rural Community Affairs. Robt. J. ' a " Tessen, MS, Executive Director Office R al Community Affairs This contract amendment is not effective unle~signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorize designee. Page 2 of 2