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Agenda 01/14/2014 Item # 13A 1/14/2014 13.A. EXECUTIVE SUMMARY Presentation of an analysis performed for the Clerk by CliftonLarsonAllen LLP, an independent Certified Public Accounting firm, of sub-recipient agreements approved by the Board of County Commissioners (Board) to identify the amount of program income earned by Housing Opportunities Made for Everyone, Inc. (H.O.M.E.) related to the purchase, rehabilitation, and subsequent resale of foreclosed properties partially subsidized by federal and state grant funds. OBJECTIVE: To present to the Board of County Commissioners (Board) the Clerk's audit, including the results of the independent analysis performed for the Clerk by CliftonLarsonAllen LLP, of sub- recipient agreements approved by the Board partially subsidized by federal and state grant funds. CONSIDERATIONS: In July 2008, Collier County Housing and Human Services Department (HHS) solicited proposals from organizations for projects to be funded under its FY 2008-2009 Community Development Block Grant(CDBG)program. On July 26, 2008, HHS received an "Application for Funding" from the non-profit organization Housing Opportunities Made for Everyone, Inc. (H.O.M.E.). H.O.M.E. requested $840,000 in federal and state funds to subsidize the following activities: • purchase properties in foreclosure throughout Collier County; • refurbish these properties to bring into compliance with current building codes; • cover related administrative expenses, such as legal and accounting; • sell properties to income-qualified buyers, as defined by HUD guidelines; and • subsidize home sales prices to lower the qualified buyer's mortgage payment. From August of 2008 through January of 2009, the Board approved three separate sub-recipient agreements with H.O.M.E. in the amount of$627,472.42. These agreements are as follows: • Sub-recipient Agreement dated August 19, 2008 for $50,000 of State Housing Initiative Partnership (SHIP) funds. The Project Scope was for the rehabilitation of a property located at 4178 18th Place SW. • Sub-recipient Agreement under CFDA #14.218 and HUD Grant #B-08-UC-12-0016 dated September 23, 2008 for$427,472.42 of CDBG funds. The Project Scope was for the purchase of up to twelve (12) foreclosed properties, rehabilitate them and resell them to low and very low income families in Collier County. • Sub-recipient agreement dated January 13, 2009 for $150,000 of SHIP funds. The Project Scope was to acquire and/or rehabilitate at least three (3) residential dwelling units in Collier County to benefit very low, low, or moderate income persons as defined by F.S. 420.9071. Funding shall not exceed fifty-thousand dollars per residential unit. During 2009 and 2010, H.O.M.E. used grant funds to purchase and rehabilitate properties, and homeowner assistance to buy down mortgages. Revenues from the sale of homes were used to purchase, renovate, and pay expenditures for subsequent properties. Packet Page -390- 1/14/2014 13.A. Beginning in 2011, the Clerk's Internal Audit Department worked with the County's Housing, Human, & Veteran Services (HHVS f/k/a/ HHS) staff and John Barlow, Vice President of H.O.M.E., to gather all records necessary to complete a comprehensive review to determine program income generated from these activities. Preliminary observations were communicated to County Staff in June 2011, with the final report released by the Clerk in May 2012 (Audit Report 2011-4). Internal Audit could not fully reconcile program generated income due to insufficient records provided by H.O.M.E. During the April 23, 2013 meeting, the Board approved a motion to have H.O.M.E. provide the records necessary for the Clerk to complete the review. Additional documentation was provided to the Clerk's Office on April 26, 2013. After taking into consideration the principle individual of H.O.M.E. was John Barlow, who opposed Dwight Brock (the incumbent and current Clerk) in the 2012 election for Clerk of the Circuit Court and who alleged Mr. Brock had a personal vendetta against him during the campaign, the Clerk chose to engage CliftonLarsonAllen LLP to perform an independent analysis to determine if any program income was generated and to identify potential ineligible program expenditures. Subsequent to this engagement, the Board hired CliftonLarsonAllen LLP to be Collier County's external auditor. Per F.S. 119.0713 (2)(a) "The audit report of an internal auditor ... prepared for or on behalf of a unit of local government becomes a public record when the audit ... becomes final. An audit ... becomes final when the audit report ... is presented to the unit of local government. Audit workpapers and notes related to such audit ... are confidential and exempt from the s. 119.07 (1) and s. 24(a), Art. I of the State Constitution until the audit... is complete and the audit report becomes final ...". The Clerk is releasing the CliftonLarsonAllen LLP independent report as a follow-up to Audit Report 2011-4. Please follow the links below for the CliftonLarsonAllen LLP report and Clerk's presentation. CliftonLarsonAllen LLP Report: http://www.colherelerk.eom/resource-library/pdf/internal-audit-pd172013-eliftonlarsonallen-llp- consultants-report-h.o.m.e.-program-income Clerk of Courts Presentation: http://www.collierelerk.comiresource-library/pdflinternal-audit-pdf/h.o.m.e.-proeram-incotne- presentation-bee-on-december-10-2013 GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: There may be a fiscal impact based on actions taken by the Board. LEGAL CONSIDERATIONS: None RECOMMENDATION: For the Board to hear the presentation of the Clerk's audit, including the independent analysis performed by CliftonLarsonAllen LLP. Prepared by: Ron Dortch, Senior Internal Auditor, Clerk's Office Packet Page -391- 1/14/2014 13.A. COLLIER COUNTY Board of County Commissioners Item Number: 13.13.A. Item Summary: Presentation of an analysis performed for the Clerk by CliftonLarsonAllen LLP, an independent Certified Public Accounting firm, of sub-recipient agreements approved by the Board of County Commissioners (Board)to identify the amount of program income earned by Housing Opportunities Made for Everyone, Inc. (H.O.M.E.) related to the purchase, .rehabilitation, and subsequent resale of foreclosed properties partially subsidized by federal and state grant funds. Meeting Date: 1/14/2014 Prepared By Name: MilumJennifer Title: Office Assistant, Clerk of Courts 1/3/2014 8:19:24 AM Submitted by Title: VALUE MISSING Name: DortchRonald 1/3/2014 8:19:26 AM Approved By Name: KinzelCrystal Date: 1/7/2014 4:19:24 PM Name: KlatzkowJeff Title: County Attorney Date: 1/7/2014 4:59:40 PM Name: StanleyTherese Title:Management/Budget Analyst, Senior,Office of Manage Date: 1/8/2014 9:44:54 AM Name: OchsLeo Packet Page -392- 1/14/2014 13.A. Title: County Manager Date: 1/8/2014 12:36:01 PM Packet Page -393-