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File #: 20-1473A    Version: 1
Type: Contract/Agreement Status: Passed
File created: 7/7/2020 Department: Planning
On agenda: 9/10/2020 Final action: 9/10/2020
Title: First Amendment to the Specific Performance and Land Use Restriction Agreement with Directions for Mental Health, Inc. d/b/a Directions for Living for Community Development Block Grant funded facility improvements.
Attachments: 1. Recorded FE 1st Amendment toSPA/LURA with Directions for Mental Health, 2. FE 1st Amendment to SPA and LURA with Directions for Mental Health Inc, 3. 20-749D - Risk Review - First Amendment to the Specific Performance and Land Use Restriction Agreement.pdf
Related files: 19-958A, 19-953D, 21-030D

Subject:

Title

First Amendment to the Specific Performance and Land Use Restriction Agreement with Directions for Mental Health, Inc. d/b/a Directions for Living for Community Development Block Grant funded facility improvements.

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Recommended Action:

Recommended Action

Approval of the First Amendment to the Specific Performance and Land Use Restriction Agreement (Amendment) with Directions for Living for Community Development Block Grant (CDBG) funded facility improvements.

 

                     The amendment provides an additional $42,041.00, for a total CDBG investment of $146,245.00, for the purchase and installation of an industrial back-up generator at Direction for Living’s Clearwater Center.

                     Total project costs based on competitive bids exceeded original cost estimates at the time of funding application.

                     The amendment extends the term of the agreement six months to March 31, 2021, providing additional time for completion of improvements at the facility.

                     The amendment extends the term of the restricted period thirty months, restricting the use of the property through April 1, 2031.

                     On November 13, 2019, the County provided $104,204.00 in CDBG funding for facility renovations including the purchase and installation of an industrial back-up generator at Direction’s Clearwater Center through Agreement CD19DMH.

                     Directions for Living provides services to approximately 21,083 individuals at-risk of, or diagnosed with behavioral health, substance misuse, or co-occurring disorders or persons or families at-risk of, or currently experiencing homelessness.

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Strategic Plan:

Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community

Foster Continual Economic Growth and Vitality
4.2 Invest in communities that need the most

Deliver First Class Services to the Public and Our Customers
5.1 Maximize partner relationships and public outreach

 

Summary:

Summary

The First Amendment to Specific Performance and Land Use Restriction Agreement CD19DMH will provide an additional $42,041.00 in CDBG funding, increasing the total CDBG investment to $146,245.00; will provide additional time for the completion of the project, by extending the term six (6) months from September 30, 2020 to March, 31, 2021; and will extend the term of the land use restriction to April 1, 2031.

Bids for the project came back higher than anticipated. Additional funding is necessary to complete the project. The original estimated cost for the project was $104,204.00, with funding being provided by the County. The new cost for the project, based on the lowest bid received, is $146,245.00. The additional funding is to cover the cost difference.

The original Agreement requires that performance under the Agreement be completed by September 30, 2020. Due to the recent pandemic, project commencement was delayed and Directions is unable to complete the project on or before the expiration date. It is necessary to extend the term of the Agreement six (6) months, to March 31, 2021.

The original CDBG investment of $104,204.00 required a land use restriction to be placed on the property until October 1, 2028. The new total CDBG investment of $146,245.00 and the term extension requires that the land use restriction on the property be extended to April 1, 2031.

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Background Information:

On July 23, 2019, the Board executed Resolution 19-48, which approved the 2019-2020 Action Plan. One of the projects to be carried out under the 2019-2020 Action Plan is the Directions for Living Facility Improvement Project, benefitting individuals at-risk of, or diagnosed with behavioral health, substance misuse, or co-occurring disorders or persons or families at-risk of, or currently experiencing homelessness.

On November 13, 2019, the County Administrator executed Specific Performance and Land Use Restriction Agreement CD19DMH, effective October 1, 2019 through September 30, 2020, with the land use restriction expiring on October 1, 2028.

 

Fiscal Impact:

This amended Agreement provides an additional $42,041.00 of CDBG funding for the project. The total amount of funding for this agreement is not to exceed $146,245.00 during the term of the Agreement. Funding for this Agreement is included in the County’s FY20 Adopted Budget and FY21 Proposed Budget for CDBG funds.

 

Staff Member Responsible:

Authority for the County Administrator to sign this Agreement is granted under Code Section 2-62 (a) (1) and Resolution 19-48.

 

Partners:

Brian Lowack, Interim Director, Housing and Community Development

 

Attachments:

Directions for Mental Health, Inc. d/b/a Directions for Living
U.S. Department of Housing and Urban Development
First Amendment to Specific Performance and Land Use Restriction Agreement
Specific Performance and Land Use Restriction Agreement, November 13, 2019
Additional Funds Request from Agency
Property Location Map
Resolution 19-48