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Agenda 04/08/2014 Item #16D114/8/2014 16. D.11. EXECUTIVE SUMMARY Recommendation to approve a substantial amendment recognizing a reduction in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding by $158,862 to 51,933,445 for the FY2013 -2014 funding year and approve a budget amendment in the same amount. OBJECTIVE: To maintain the accuracy of federal funding documents and related County accounts. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally- defined needs for programming and infrastructure. Collier County's CDBG FY2013 -2014 Annual Action Plan was approved at the August 13, 2013 In Absentia meeting and ratified at the regular Board meeting of September 10, 2013. The Board approved the FY2013 -2014 CDBG budget during the September 10, 2013 meeting (Item # 16.D.10). HUD regulations (24 CFR570.902) require that an entitlement grantee is considered to be carrying out its CDBG program in a timely manner if, sixty (60) days prior to the end of its program year, the grantee has a balance in its line of credit no greater than one and one -half times (1.5) its annual grant. The County's 60 -day ratios were measured on August 2, 2012 and 2013 were 2.06 and 2.65. respectively. HUD contacted Collier County Housing, Human and Veteran Services (HHVS) staff in October 2013 to review the County's CDBG funded activities being carried out in a timely fashion. In response, HHVS prepared a summary of issues, plans, and progress and presented that both in a letter and in a conference call with HUD officials. On December 20, 2013 HUD notified the County that since we did not meet our "timeliness" requirement two (2) years in a row, they would be reducing our FY2013 -2014 CDBG funding amount by $158,862. The amended CDBG funding amount for FY2013 -2014 is now $1,933,445. Staff has been working for two years to work out of a prior spending backlog. In fact, despite the reduction, the letter from HUD congratulated staff on the apparent turnaround and encouraged continuation of in- progress plans. From October 2013 until to today, HHVS has drawn down from HUD, a total of $2,019.682. To put this in context, the amount of one annual allocation was drawn within a five month period, demonstrating the accelerated pace with which the funds are now being spent. HHVS continues its focus on this matter and has a plan in place concerning timeliness going forward. The reduction of funds will not impact subrecipient projects. FISCAL IMPACT: The cost associated with the reduction of the grant funding was made in administration and staffing. The reduction balance was from an unfunded project that a subrecipient had indicated would not be moving forward. The reduction in CDBG will have no additional effect on ad valorem or general fund dollars over the current FYI budget. The funding source is the Community Development Block Grant (CDBG). The revised grant award is $1,933,445. A budget amendment is necessary within the Housing Grant Fund (705) for Project No. 33289 (CDBG Grant) to reduce funding by $158.862. GROWTH MANAGEMENT IMPACT: The reduction of funding will have no effect on the Housing Element of the Collier County Growth Management Plan. Staff will continue to provide support to the goals, objectives and policies identified in the Plan. Packet Page -1532- 4/8/2014 1.6. D.11. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - JAB RECOMMENDATION: That the Board of County Commissioners approves a substantial amendment to the Community Development Block Grant FY 2013 -2014 Annual Action Plan recognizing a $158.862 reduction in funding and approves a budget amendment in the same amount. PREPARED BY: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -1533- 4/8/2014 16. D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 11. Item Summary: Recommendation to approve a substantial amendment recognizing a reduction in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding by $158,862 to $1,933,445 for FY2013 -2014 funding year and approve a budget amendment in the same amount. Meeting Date: 4/8/2014 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran 3/13/2014 2:34:27 PM Submitted by Title: Grant Support Specialist, Housing, Human & Veteran Name: McKuenElly 3/13/2014 2:34:27 PM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 3/19/2014 3:47:06 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 3/20/2014 12:17:23 PM Name: Bendisa Marku Title: Supervisor - Accounting. Housing, Human & Veteran Services Date: 3/20/2014 2:40:10 PM Packet Page -1534- 4/8/2014 16. D.11. Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 3/20/2014 3:28:35 PM Name: MesaNancv Title: Accountant, Housing, Human & Veteran Services Date: 3/21/2014 7:46:37 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 3/27/2014 10:44:23 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 3/27/2014 11:09:59 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 3/27/2014 11:32:54 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/28/2014 1:42:43 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 8:14:14 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 3/31/2014 1:56:45 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 3/31/2014 5:28:41 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/2014 8:40:28 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/1/2014 9:56:08 AM Packet Page -1535- THE CDBG SUBSTANTIAL AMENDMENT TO THE FY2013 -2014 HUD ACTION PLAN FUNDING REDUCTION TO CDBG ALLOCATION Jurisdiction(s): Collier County, Naples Lead Agency: Collier County Jurisdiction Web Address: www,collieraov.net (URL where CDBG Substantial Amendment materials are posted) CDBG Contact Person: Elly Soto McKuen Address: 3339 E. Tamiami Trail, Suite 211, Naples, FL 34112 Telephone: (239):1-521-2664 Fax: (239) 252 -2664 Email: ellvmckuenn.collieraov.net 4/8/2014 10. D.11. The FY2013 -2014 HUD Action Plan, approved by the Board of County Commissioners (BCC) on August 13, 2013 at an absentia meeting and ratified on September 10, 2013 meeting is hereby amended as follows: Words Steel' Thfauo are deleted; Words Underlined are added: AMEND NARRATIVE RESPONSES, GENERAL SECTION, EXECUTIVE SUMMARY, BACKGROUND (Page 1): The main priorities in utilizing the limited federal, state and local funds include public facilities, public services and affordable housing opportunities for the community's low and moderate income residents. Collier County has administered HUD entitlement funding since 2001 and has usually achieved HUD's timeliness ratio. Collier County zontinues to expend approximately 100% of its federal funding on low and moderate income beneficiaries. During the 2013 -2014 program year, Collier County will receive the following entitlement grant funds: Community Development Block Grant (CDBG) $2,""�T'S1 933.445 HOME Investment Partnership (HOME) $ 474,031 Emergency Solutions Grant (ESG) $ 132.640 TOTAL FEDERAL FUNDS: Sz,699,9U $2,540.116 1 CDBG funds are comprised of $2,^140 $1,852,986 for Collier County and $80,459 for the City of Naples. Total CDBG funds available - $2,^°�T $2,540,116. 1 Packet Page -1536- Y 4/8/2014 16. D.11. ", IUENpr, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON. DC 20410 -7000 a6�N DE VF��e OFFICE OF COMMUNITY PLANNING DEC fi �� AND DEVELOPMENT U The Honorable Georgia A. Hiller Chair, Collier County Board of Commissioners 3299 Tamiami Trail East, Suite 203 Naples, FL 34112 -5746 Dear Chairwoman Hiller: SUBJECT: Failure to Comply with Timely Expenditure Requirement Community Development Block Grant (CDBG) Program I would like to thank your staff for taking the time to participate in an informal consultation held on October 29, 2013, with members of my team to discuss the reasons for Collier County's failure to comply with the timely expenditure requirement at 24 CFR 570.902, Review to determine if CDBG funded activities are being carried out in a timely manner. Pursuant to this regulation, an entitlement grantee is considered to be carrying out its CDBG program in a timely manner if, 60 days prior to the end of its program year, the grantee has a balance in its line of credit no greater than one and one -half (1.5) times its annual grant. Collier County's 60 -day ratios as measured on August 2 in 2012 and 2013 were 2.06 and 2.65. respectively. In the Department's letter of November 20, 2001, CDBG entitlement grantees were advised that failure to meet the 1.5 standard might result in a reduction of a future grant equal to the amount in the line -of- credit in excess of 1.5. Based on the county's new drawdown ratio of 2.65, the amount of this reduction is calculated to be $2,305,170. There is one possible exception to this reduction policy: HUD determines that the untimeliness resulted from factors beyond the county's reasonable control. HUD has determined, however, that the untimely performance was not beyond the county's reasonable control. Under the provisions of 24 CFR 570.911, Reduction, withdrawal, or adjustment of a grant or other appropriate action, Collier County officials attended, via teleconference, an informal consultation at HUD headquarters on October 29, 2013, to present the reasons why the county contended it qualified for an exception to the timeliness policy. The county presented the following primary reasons for its failure to meet the timeliness standard: Project Delays o Eagle Lakes Voluntary Pre - Kindergarten (VPK) Activity, $775,000 - The project was not located in a low- moderate income area. Obtaining the beneficiary information needed to meet a CDBG national objective proved to be an excessive burden. www.hud.gov espanol.hud.gov Packet Page -1537- 4/8/2014 16. D. 11. o David Lawrence Center Crosswalk Expansion Activity, $208,000 - The subrecipient was not able to provide a cost allocation plan to meet Federal requirements for allocating staff time. o CRA CRA Crosswalk Activity, $140,000 — The lengthy procurement process extended the projected timeframe for completion of the activity to an unacceptable time period. c Youth Haven Rehabilitation Activity, $735,000 —It was determined that the rehabilitation was insufficient for the intended use of the structure and the building would have to be demolished. The developer did not have sufficient funds to proceed with new construction. It is important to point out that the county has reprogrammed the funds allocated to the above projects to other activities. Repayment for an activity that failed to meet a CDBG national objective: The county had to repay $500,000 because the Habitat Kaicasa activity did not meet a national objective. Reprogramming of CDBG Funds: Collier County reprogrammed a significant amount of funds as a result of activities coming under budget and for cancelled activities. The county's written response indicates over $3 million was scheduled to be reprogrammed. In May and July of 2013, reprogrammed funds of over $2 million were re- awarded to various projects. According to the county, the reprogramming and re -award process took four -six months, thereby delaying expending those funds. In addition to assessing the merits of the county's presentation, the Department reviewed the county's letter of October 24, 2013, which provided an explanation for the county's failure to comply with 24 CFR 570.902. While the Department recognizes the challenges Collier County has faced, the written material and information presented during the informal consultation do not address how the county's lack of timeliness was due to factors completely beyond the county's reasonable control. Therefore, I have authorized the reduction of the county's FY2013 grant by $158,862. The Department based its decision to reduce the FY2013 grant by $158,862 because the county had drawn down a substantial amount of funds between the August 2, 2013, 60 -day test date, and the October 29, 2013, informal consultation, and in consideration of the Eagle Lakes Park VPK activity's national objective documentation issues and the protracted procurement process for the CRA Crosswalk activity. The reduction to the county's FY201 3 grant is computed as shown below: Amount over 1.5 $2.305.170 Less: Draws After August - 1,231,308 Eagle Lakes Park VPK 775,000 CRA Crosswalk 140.000 Total Offsets - 2.146.308 Financial Sanction $ 158.862 Packet Page -1538- 4/8/2014 16. D.11. This grant reduction will require Collier County to amend its FY2013 action plan. It is expected that the county will complete the process to amend its action plan to account for this grant reduction within the next few months. You may be assured that the HUD South Florida Office is available to assist you in any way possible to meet the timeliness standard and to help with the necessary revisions to your action plan. It is unfortunate that the county was not able to meet the 1.5 performance standard at the 60- day test date and that this reduction had to be taken. I must caution you that failure to meet the 1.5 standard at the county s next 60 -day test in August, 2014 may result in a reduction of the FY2014 grant. However, I wish you success in meeting the CDBG timely performance requirements by next August. The Department compliments you and your staff for the positive actions taken to improve program delivery. Collier County has a relatively new management team in place, and, with the assistance of the HUD South Florida Field Office, has implemented changes to its programs, including enhanced project oversight, reprogramming of funds, reorganized business practices and a revised application process. The grantee is also receiving technical assistance through OneCPD. Please contact Steve Johnson, Director, Entitlement Communities Division, at (202) 708 -1577, if you have questions regarding the contents of this letter. Please direct all other questions you may have to Ann Chavis, CPD Division Director, in the HUD South Florida Field Office. Ms. Chavis can be reached at (305) 520 -5010. Sincerely, All Yolanda Chdvez Deputy Assistant Secretary for Grant Programs Packet Page -1539-