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HomeMy WebLinkAbout08.B- City Manager 8.B RESOLUTION (ID # 3720) DOC ID: 3720 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Allen Parker M/CC Meeting Date: 02/17/2015 Prepared by: Brandon Mims, (909) 384- 5122 Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Resolve the Findings of the Housing and Urban Development (HUD) Department Audit of the City's Community Development Block Grant (CDBG) Program. (#3720) Current Business Registration Certificate: No Financial Impact: The first payment of$168,761 will be paid from the 2014-2015 General Government Budget to clear up ongoing findings related to Sections 2A and 2B of the audit. The scheduled payment of $500,000 is due on July 1, 2015 and an appropriation from the General Fund will be included as Debt Service in the City's 2015-2016 Fiscal Year Budget. Each payment must be made from a non-federal source, but staff has negotiated that funds will be returned to the City's CDBG line of credit and be made available for use on other eligible projects. Motion: Adopt the Resolution. Synopsis of Previous Council Action: The Mayor and Common Council have not taken a prior action related to resolution of the 2013 Housing and Urban Development (HUD) Department audit of the Community Development Block Grant (CDBG) program. Background: The HUD Office of Inspector General (OIG) conducted a review of the City's Community Development Block Grant (CDBG) and CDBG Recovery programs because the U.S. Department of Housing and Urban Development's Los Angeles Office of Community Planning and Development (CPD) expressed concerns about the City's administration of its programming. The objective was to determine whether the City administered its CDBG and CDBG-R program funds in accordance with applicable HUD requirements. The audit period covered Fiscal Years 2010, 2011, and 2012. The City was awarded the following CDBG and CDBG-R funds during that time period: Fiscal Year CDBG CDBG-R Total June 30, 2010 $3,602,903 $951,548 $4,554,451 Updated: 2/11/2015 by Brandon Mims I Packet Pg. 536 8.6 3720 June 30, 2011 $3,891,483 Not Applicable $3,891,483 June 30, 2012 $3,244,569 Not Applicable $,3,244,569 Total $11,690,503 Prior to the 2013 audit, the Los Angeles CPD last performed an onsite monitoring review of the City's programs for the year ending June 30, 2006. The review identified a lack of adequate documentation for the use of CDBG funds under the City's Code Enforcement Program and that its reimbursement system was inadequate to determine the funding source. In addition, in HUD's review of the program through the Consolidated Action Plan Evaluation Report (CAPER) identified discrepancies were found between the report and information in HUD's systems, difficulty in timely and accurate accounting for program income and expenditures and over-spending on code enforcement expenditures. Results of the Audit At the conclusion of the audit, HUD-OIG reported three findings (concerns) with the management of the program over the audit period. First, the City improperly used or lacked supporting documentation for its use of more than $7.16 Million in program funds. Second, the City did not report program income generated from program activities. Third, the City did not adequately support its procurement activities for CDBG-R activities. As a result of these findings, the auditors questioned a total of $7,588,889 of unsupported costs and $216,460 of ineligible costs. In lieu of suspending City funding, HUD-OIG concluded that the current program staff should work with HUD- LA Office to substantiate as much of the questioned costs as possible. Updated: 2/11/2015 by Brandon Mims Packet Pg. 537 8.B 3720 Resolving the Audit Findings Since April 2013 program staff has been working to resolve questioned costs by creating a methodology for unsupported code enforcement costs and providing needed support documentation to HUD Los Angeles Office. Staff has been successful in reducing the total amount by 76%, or $5,909,867. As noted in the January 9, 2015 letter received from HUD regarding the audit (Exhibit B), HUD has agreed to accept a total repayment of $1,895,482 over three years as follows: Payment Date Payment Amount July 1, 2015 $500,000 July 1, 2016 $500,000 July 1, 2017 $895,482 Total $1,895,482 Statement of the Issue HUD is requiring the City to acknowledge the proposed payment plan with a resolution of the Mayor and Common Council. Adoption of the attached Resolution will commit the City to the above mentioned repayment plan and resolve all findings related to the 2013 audit (Exhibit A). Fiscal Impact The first payment of $168,761 will be paid from the 2014-2015 General Government Budget to clear up ongoing findings related to Sections 2A and 2B of the audit. The scheduled payment of $500,000 is due on July 1, 2015 and should be included as Debt Service in the City's 2015-2016 Fiscal Year Budget. Each payment must be made from a non-federal source, but staff has negotiated that funds will be returned to the City's CDBG line of credit and be made available for use on other eligible projects. Recommendadon Staff recommends adopting the attached resolution authorizing the City Manager to accept the proposed repayment schedule. City Attorney Review: Supporting Documents: HUD Audit Resolution—3720 (DOC) Exhibit A - HUD 2013 OIG Audit (PDF) Exhibit B - HUD Audit Resolution Letter (PDF) Updated: 2/11/2015 by Brandon Mims Packet Pg.538 .8 BA", ' 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO RESOLVE THE 3 FINDINGS OF THE HOUSING AND URBAN DEVELOPMENT (HUD) 4 DEPARTMENT AUDIT OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby d r 9 acknowledges the findings detailed in Audit Report Number 2013-LA-1004, attached as N 0 10 Exhibit A, and hereafter referred to as "the Audit." i C. 11 SECTION 2. That in order to satisfy the Audit a series of payments are authorized to 12 a be paid from the General Fund by the dates listed below, as follows: N 13 M 14 Payment Date Payment Amount N July 1,2015 $500,000 M� 15 July 1,2016 $500,000 c 16 July 1,2017 $895,482 c Total 1 $1,895,482 d 17 2! 18 SECTION 3. That a payment of$168,761 shall be submitted to HUD by February 26, a 19 2015 to resolve findings in Sections 2A and 2B. 20 SECTION 4. That a copy of this Resolution shall be forwarded to the Los Angeles 21 Community Planning and Development Office to the attention of William Vasquez as proof of a w 22 a the City's commitment to resolve the audit. 23 24 25 26 27 28 Packet Pg:539'; 8�a ' 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO RESOLVE THE 2 FINDINGS OF THE HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT AUDIT OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK 3 GRANT (CDBG) PROGRAM 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 r thereof, held on the day of , 2015,by the following vote,to wit: 8 E 9 Council Members: AYES NAYS ABSTAIN ABSENT N 0 10 MARQUEZ x CL 11 BARRIOS 12 a VALDIVIA C°, 13 M 14 SHORETT N M 15 NICKEL o .2 16 JOHNSON o N d 17 MULVIHILL 18 a 0 19 = 20 Georgeann Hanna, City Clerk c 21 The foregoing resolution is hereby approved this day of , 2015. o r w 22 a 23 R. Carey Davis,Mayor 24 City of San Bernardino 25 Approved as to form: 26 Gary Saenz, City Attorney 27 By: 28 Packet Pg:540 �k�t OFFICE of Tk INSPECTOR GENERAL Issue Date: April 23, 2013 NOUVNEG O ASNAO T U 1111T OF 10. Audit Report Number: 2013-LA-1004 ! t TO: William Vasquez,Director,Los Angeles HUD Office of Community Planning and Development, 9DD Dane Narode,Associate General Counsel for Program Enforcement, CACC r c d a� rn FROM:. Tanya E. Schulze,Regional Inspector General for Audit, Los Angeles Region 9, 9DGA x . a d SUBJECT: The City of San Bernardino,CA,Did Not Administer Its Community a Development Block Grant and Community Development Block Grant-Recovery N Act Programs in Accordance With HUD Rules and Regulations �a Enclosed is the U.S.Department of Housing and Urban Development(HUD), Office of Inspector General(OIG),final results of our review of the City of San Bernardino's Community o Development Block Grant and Community Development Block Grant-Recovery Act programs. o N HUD Handbook 2000.06,REV-4,sets specific timeframes for management decisions on M recommended corrective actions. For each recommendation without a management decision, _ please respond and provide status reports in accordance with the HUD Handbook. Please furnish Q us copies of any correspondence or directives issued because of the audit. x LLI The Inspector General Act,Title 5 United States Code, section 8L, requires that OIG post its w publicly available reports on the OIG Web site. Accordingly,this report will be posted at http://www.hudoig.go r If you have any questions or comments about this report,please do not hesitate to call me at a 213=534-2471. �,.Packet,Pg. 541 .' i r April 23,2013 *�c OFFICE of INSPECTOR GENERAL The City of San Bernardino,CA,Did Not Administer Its " urteosu+uo¢.axtwvw Community Development Block Grant and Community Development Block Grant-Recovery Act Programs in Accordance With HUD Rules and Regulations Highlights Audit Report 2013-LA-1004 MEMEMEM We reviewed the City of San The City did not operate in accordance with HUD rules Bernardino's Community Development and regulations. It used$47,699 in CDBG funds for d Block Grant(CDBG)and CDBG- ineligible expenditures and lacked supporting Recovery Act(CDBG-R)programs documentation for more than$7.1 million. The City rn because the U.S.Department of also did not report$168,761 in program income and Housing and Urban Development's did not adequately support its procurement activities a (HUD)Los Angeles Office of for the$951,548 in Recovery Act funds it received. U Community Planning and Development a expressed concerns about the City's N administration of its CDBG program. M Our objective was to determine whether r the City administered its CDBG and CDBG-R program funds in accordance a with applicable HUD requirements. p CD M Z We recommend that the Director of ' HUD's Los Angeles Office of a Community Planning and Development (1)repay$47,699 in ineligible expenses w fi-om.non-Federal sources, (2)support more than$7.1 million in expenses or E repay the program, (3)remit$168,761 in unreported program income,and(4) demonstrate the reasonableness of a $951,548 in Recovery Act fiends used in the procurement of two contracts. We also recommend that HUD's Associate Counsel for Program Enforcement pursue civil remedies, civil money penalties, or other administrative action, as appropriate, against the City for intentionally not reporting CDBG program income. . Packet Pg: 5,42 :; ee TABLE OF CONTENTS Background and Objective 3 Results of Audit Finding 1: The City Improperly Used or Lacked Supporting Documentation for Its Use of More Than$7.16 Million in Program Funds 5 Y Finding 2: The City Did Not Report Program Income Generated From Program Activities 10 d w Finding 3: The City Did Not Adequately Support Its Procurement Activities j for CDBG-R Activities 14 x CL d Scope and Methodology 16 a N Internal Controls 17 M Appendixes a , A. Schedule of Questioned Costs 19 j B. Auditee Comments and OIG's Evaluation 20 j G 24 Criteria ° N D. Summary of Questioned Costs 28 x i X w c m E c� a 2 Packet Pg 543 8.B.b BACKGROUND AND OBJECTIVE The City of San Bernardino operates under a hybrid mayor-council-city manager form of government. Each of the seven members of the council is elected by voters within their respective wards. The mayor and council members serve 4-year terms. Under the supervision of the mayor,the city manager is the chief administrative officer. The city manager directs most City departments,other than those governed by separate boards and offices of elected officials. The city manager's office, in addition to assisting the mayor and council in policy formulation, focuses on special projects. The City also has an elected city attorney,city treasurer,and city clerk. c a� E The City was awarded the following Community Development Block Grant(CDBG) and CDBG-Recovery Act(CDBG-R)funds; in 0 D July 1,2009,to June 30,2010 $3,602,903 $951,548 $4,554,451 July 1,2010,to June 30,2011 $3,891,483 Not applicable $3,891,483 Q July 1,2011,to June 30,2012 $3,244,569 Not a licable $3,244,56.93. 0 Total' 11,G90,5M The City filed an emergency petition for Chapter 9 bankruptcy on August 1,2012. It will a continue to operate and provide essential services to its community while working through its financial problems undenthe protection of the Chapter 9 bankruptcy code. o M r The City had been using its Economic Development Agency to administer its CDBG and N CDBG-R fiends. The Economic Development Agency is equivalent to a redevelopment agency. The governor of California executed a proposal to eliminate all redevelopment agencies = statewide on June 29,2011. Consequently, on January 9,2012,the City became the successor Q w agency to the Economic Development Agency. As such,the City is now directly responsible for Z administering the program fiends. w HUD's Los Angeles Office of Community Planning and Development last performed an onsite monitoring review of the City's CDBG program for the fiscal year ending June 30,2006. It identified a lack of adequate documentation for the use of CDBG funds under the City's code r enforcement program and that its reimbursement system was inadequate to identify the funding Q source. In addition,HUD's review of the City's consolidated annual performance and evaluation report submissions for the fiscal years ending June 30,2010,and June 30,2011, identified discrepancies between the report and information in HUD's systems,difficulties in timely and accurate accounting for program income and expenditures,and overspending on code enforcement expenditures. As of February 2013,the City had not submitted its report to HUD for the fiscal year ending June 30,2012,which was due September 30,2012. i I I 3 h Packet Pg 544;. Audit Objective Our objective was to determine whether the City administered its CDBG and CDBG-R program funds in accordance with HUD rules and regulations. Specifically,we wanted to determine whether program funds were used for eligible purposes and program income was reported in accordance with regulations. c E d w d Cn 0 x CL d a 0 N ti M w .a 3 Q 0 M r O N x s x -Lou c E R a+ w Q 4 Packet Pg:545 8.B.b RESULTS OF AUDIT Finding 1: The City Improperly Used or Lacked Supporting Documentation for Its Use of More Than $7.16 Million in Program Funds The City did not comply with Federal regulations when it improperly used or lacked supporting documentation for the use of more than$7.16 million in CDBG program funds. Specifically,the City used$47,699 in program funds for ineligible expenses,and it could not support the eligibility of$7.11 million in program funds. The problems occurred because the City did not d have adequate procedures and lacked the capacity to monitor the program to ensure that HUD r regulations were followed. As a result,more than$7.16 million in program funds was not in available for decent,affordable housing and other services principally for low-and moderate- income persons. _ a m 0 N ti M r The City spent$47,699 for ineligible expenses(see appendix D). The ineligible ¢ expenses included o M T • $13,698 for services for ineligible.properties, overdraws on program N funds,etc.; ° • $14,001 in general government expenses;and _ • $24,000 in additional funding for its subrecipient to overcome another ¢ Federal agency fund deficiency. iz X Ineligible Code Enforcement Expenditures Totaled$13,698 w r The City used program funds totaling$13,698 in ineligible expenditures for the following: • Overdraws of$10,003 in program funds. For the fiscal year ending June ¢ 30,2011,the City drew more than$2.58 million in code compliance expenditures,but accounting records showed expenditures totaled only $2.57 million, so program funds were overdrawn by$10,003. • Overdraws of$1,845 for May 2011 code compliance expenditures. The City incorrectly calculated the amount it should be reimbursed,charging $123,885 when the actual amount totaled $122,040 in expenses. • Reimbursement of$1,436 for services performed on ineligible properties that were listed as non-CDBG in the City's automated Go-Enforce system. 5 Packet ft 546 �-- o Case number 10-19353' ($535) o Case number 09-7949 ($753) o Case number 09-19667 ($148) • Duplicate costs claimed for the same amendment of tax bills for the months of November and December 2010 totaling$414. Ineligible Administrative Costs Totaled$14,001 Contrary to 24 CFR(Code of Federal Regulations) 570.207(a)(2),the City charged an allocation of$14,001 in ineligible general government cost to the program. Ineligible Additional Funding of W,000 Was Provided to a Subrecipient The City provided additional fiinding of$20,000 to one subrecipient to overcome d another Federal agency fund deficiency. The Legal Aid Society already had N received$9,500 from program funds to perform CDBG-related activities. City o council records detailed that the subrecipient was"short on cash"and a council = member was"hoping they could get$20,000 from unexpended CDBG funding." We determined that the Legal Aid Society,Inland Counties Legal Services,Inc.,a i Federal agency,was reducing its funds. As a result,the city council approved the a allocation of$20,000 to the subrecipient to be issued due to urgent need. N However,regulations at 2 CFR Part 225, appendix A,paragraph C.3.c state that v any cost allocable to a particular Federal award or cost objective tinder these r regulations may not be charged to other Federal awards to overcome fund Q deficiencies,to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. In addition,the cash shortage was not urgent as claimed in p the city council notes. Records showed that the cuts in fimding were signed in o February 2012,after the January 5,2012,general ledger entries for$20,000. The N initial reduction in funds of about$3,500 was not scheduled to start until April D 2012. _ Q B X w _ d E Expenses totaling more than$7.1 million were unsupported because the City o lacked documentation to support the reimbursements(see appendix D). The a missing documentation included,among other records,checks,invoices, contracts,and support for allocation methodologies. In some circumstances,there were no records provided for the expenditures. The unsupported expenses included • More than$4.8 million in code enforcement expenditures,including but not limited to salaries,supplies,contract services, fleet, government outreach, etc.; • More than$1.3 million in administrative costs; and Case numbers were provided in place of addresses. 6 Packet Pg:547 B.B.b o $942,266 in sample draws without adequate records to support the expenditures. Unsupported Code Enforcement Expenditures The code compliance division spent$4.8 million for unsupported costs. Most of the funds were spent on salaries and benefits for code enforcement officers. The City used various percentages(94, 84, or 40 percent)for their code enforcement salaries without an adequate cost allocation plan or explanation to support how these percentages were determined. The City also charged lump-sum amounts for expense items with no basis or records to show how the amounts were determined. For example,in 2010,2 the City charged,among other expenses, information technology costs ($217,024),worker's compensation benefits E ($179,872),liability charges($262,108),and telephone expenses($101,640)with r no records to support the amount attributed to the CDBG program. Further,the CO City was inconsistent in charging expenses to the CDBG program. For example, j in 2009,it determined that$115,991 in disallowed expenses should not be = reimbursed with CDBG funds. However, in 2010, it retroactively charged 20 C percent of the$115,991 to the CDBG program with no basis or explanation. This practice continued for several months in 2010 and then stopped. Afterward,the Q percentages fluctuated for each expense charged to the program,and City staff N could not explain the amounts charged. Unsupported Administrative Costs Q The City drew down$1.3 million in unsupported program funds for its administrative costs(refer to appendix D). It did not maintain an adequate cost o allocation plan as required by 2CFR Part 225, appendix A,paragraph C.3.d(see o appendix C)and used an allocation method based, for the most part,on estimates N not supported by formal accounting and other records to support the propriety of the costs assigned to Federal awards. Further,the City was unable to provide an = adequate explanation or support for how the percentages were determined. As a a result,we determined more than$1.3 million in administrative costs to be unsupported. w r Unsupported Sample Draws d The City drew down$942;266 in program funds, including$462,820 in CDBG and$479,446 in CDBG-R funds,without adequate support(see appendix D). The w vouchers submitted were not adequately documented. Specifically,these a expenses were not supported by source documents such as invoices. Regulations at 24 CFR 85.20 require that grantees maintain records which adequately identify the source and application of funds. Accounting records must be supported by such source documentation as canceled checks,paid bills,payrolls,time and attendance records,and contract and subgrant award documents. Contrary to the regulations,the City did not maintain adequate accounting records to support the 2 For the fiscal year ending June 30,2011,the City budgeted$1.7 million but spent more than$2.5 million in code compliance division expenditures. It overspent by$853,863 without HUD's approval or a formal amendment. 7 Packet Pg 548 i" WON` ` draws sampled. As a result,we determined$942,266 to be unsupported,of which $479,446 was CDBG-R funds. I II The City did not ensure that it followed all HUD rules and regulations because it did not have adequate procedures or the capacity to monitor the program. Before the statewide termination of redevelopment agencies,the City's Economic Development Agency ran the CDBG program with no monitoring from the City. d Due to the lack of program monitoring,City staff members were unable to explain actions by the Agency before its termination. In addition,the only procedures related to the CDBG program consisted of a binder called"A Timeline of o Monthly Steps and Proposed Schedule." Further,the City explained that it was not working on a new policy and procedures related to CDBG because of its short a staffing for the program. There was only one staff member assigned to oversee and report on the program. The inadequate procedures were due to the City's lack a of capacity to monitor the program and not sufficiently recognizing the need for N developing and maintaining proper controls. M a c� The City used more than$7.1 million in program funds for ineligible or 0 M unsupported expenses. This condition occurred because the City did not follow c all of HUD's rules and regulations as it did not have adequate procedures or the o capacity to monitor the program. As a result,more than$7 million in CDBG = funds was not available for decent, affordable housing and other services principally for low-and moderate-income persons. a Uj d We recommend that the Director of HUD's Los Angeles Office of Community Planning and Development require the City to w Q 1A. Repay the CDBG program$47,699 for ineligible expenses from non- Federal funds. 1B. Provide support for$6,637,341 in unsupported costs or repay the CDBG program from non-Federal funds. 1 C. Provide support for$479,446 in unsupported CDBG-R costs or repay the U.S. Treasury from non-Federal funds. 8 ,,ac,ket,Pg 4911 ID. Suspend the program and CDBG funding until it can demonstrate that it has procedures and controls in place and capacity to operate its program properly, lE. Establish and implement sufficient internal control policies and procedures to ensure that CDBG program funds are committed and expended in accordance with HUD rules and requirements. C d E d 0 x CL a 0 N ti M r a a ... 0 0 M r ' O N D .Q t X W c d E t V 4 9 Packet 06."550 Finding 2: The City Did Not Report Program Income Generated From Program Activities The City did not report program income generated from its CDBG activities in accordance with Federal regulations. It failed to report$168,761 in program income earned from CDBG activities. This condition occurred because the did not have any applicable program income policies and procedures. As a result,$168,761 in CDBG funds was not available for decent, affordable housing and other services principally for low-and moderate-income persons. f E y d D The City did not report accurate and timely program income to HUD as required = by Federal regulations at 24 CFR 570.504. It reported a total of$184,836 in a program income for fiscal years ending June 30,2010,and June 30,2011. Not only did the City erroneously report the amount of program income,the$184,836 a in program income that it reported was inaccurately attributed to N CM M_ • Code compliance, r • Center for individuals with disabilities, and a • General program administration. O The City had not reported any program income for the fiscal year ending June 30, c 2012,because it had not submitted its applicable consolidated annual performance c and evaluation report. _ The City's neighborhood rehabilitation program revolving loans generated Q r $176,716 of the program income, and the remaining$8,120 was generated from demolition costs incurred by the City. This inaccurate reporting misled HUD to w believe that the City was reporting program income for its code compliance activity3 when it did not. This condition occurred because the City did not have any applicable program income policies and procedures to ensure its staff to follow appropriate program requirements. As a result,it could not assure HUD r that it could appropriately account for its program income for the use of decent, Q affordable housing and other services for low-and moderate-income persons before using additional program funds. s The City's code compliance division received most of the entitlement grant. 10 Packef Pg:551 8 . The City failed to report$168,761 in CDBG program income to HUD in accordance with Federal requirements. Regulations at 24 CFR 570.504(a)require that receipts and expenditures of program income be recorded as pant of the financial transactions of the grant program. The regulations also require that. program income be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. The City did not report program income for the following activities: C d 1. Neighborhood Rehabilitation Program Income d The City's repayment of revolving loans generated$249,731 in program income for fiscal years ending June 30,2010, June 30,2011,and June 30, U) 2012;however,the City reported that its loan program generated only $176,716. Additionally,the City incorrectly reported program income a generated from its revolving Ioans for those years. . a • For the fiscal year ending.June 30,2010, $430 in income was reported o to HUD over the actual program income generated for that year. M According to the City,the difference was attributable to the understatement of income to HUD for the fiscal year ending June 30, 2009. a • For the fiscal year ending June 30, 2011,the City reported$104,848 in o program income, an overstatement of$1,000: The City stated that the overreporting of income was due to a clerical error. N • For the fiscal year endin�June 30,2012,the City had not reported any of its income of$73,445 generated from its revolving loans. _ a 2. Demolition Program Income B The City expended$109,467 in CDBG funds for demolition costs and x recuperated those funds by either direct payment from the owners of the w I properties being demolished or through tax liens placed on the properties until the full cost was recaptured. However,the City did not record the receipt of s demolitions as CDBG program income in a specified general ledger. Instead, w it recorded the income in its general fund account. Overall,the City generated a total of$182,031 in program income between 2009 and 2011, of which it received $103,436. However,the City recorded and reported only one receipt to HUD in the amount of$8,120. As a result, it failed to report the remaining $95,316 in program income received from the demolition activity. Further, according to the City,the remaining amount, $78,5955 in program income d The applicable amount for the fiscal year ending June 30,2012,was$74,445. However,since the City ' oveireported its program income for the prior year by$1,000,we netted the amount to$73,445($74,445-$1,000). S$182,031-$103,436=$78,595 11 Packet Pg 552 i ;8Bb earned,had not been received. Once this income is received,the City should report the amount to HUD in accordance to 24 CR 570.504(a). Refer to table below for a summary of unreported program income. Summary of unre orted Uro&ram income Neighborhood Rehabilitation Revolving Loan Program $73,445 Demolition $95,316 Total unrepo •teti program Income $168,761; E d The unreported program income of$168,761 was not available for decent, affordable housing and other services principally for low-and moderate-income persons. These conditions occurred because the City did not have program income policies and procedures. a as a 0 N ti M Before the City became the successor agency to the Economic Development Agency,d the Agency administered the CDBG program. Although the City had a general procedures regarding program income,they addressed only program income generated from revolving loans. All other income(such as code compliance)generated was reported under the general fund;therefore,any N income applicable to the CDBG program would not be identified as such. Economic Development Agency officials explained that they had told the City x many times that the CDBG program income must be returned to the CDBG a program. X In 2010,the Agency had an independent consultant conduct a CDBG review. The w consultant's report,dated January 2010,recommended that the code enforcement program track all repayments of demolition expenses attributable to the CDBG E program and deposit the funds into a separate account,not in general funds. As a @ result,the City established procedures for its code compliance program; a specifically, CDBG funded inspections?in November 2010. However,the City did not address procedures regarding demolition expenses or other activities generating program income. I 6 The Economic Development Agency was eliminated on June 29,2011. 7 The City's CDBG funded inspections produces revenues through fines and penalties. However,24 CFR 85.25(4) indicates that fines and penalties are not considered program income. 12 Packet Pg.553 i E 3 i The City did not report$168,761 in program income to HUD in accordance with Federal requirements. It inaccurately reported program information and failed to report program income to HUD because it did not have procedures and lacked adequate controls. As a result, $168,761 in program funds was not available for decent, affordable housing and other services for low-and moderate-income persons. E We recommend that the Director of HUD's Los Angeles Office of Community ; Planning and Development require the City to N 0 2A. Remit to its CDBG program fiom non-Federal funds the$73,445 in = program income that it received for the repayment of revolving loans. 2B. Remit to its CDBG program fiom non-Federal funds the$95,316 in a program income that it received for its demolition activities. N M 2C. Establish and implement additional procedures and controls to ensure that program income is recorded,reported,and expended in accordance with a HUD rules and requirements. 0 We recommend that HUD's Associate Counsel for Program Enforcement 0 N 2D. Determine legal sufficiency and if legally sufficient,pursue civil remedies (31 U.S.0(United States Code)Section 3801-3812, 3729, or both),civil money penalties(24 CFR 30.35),or other administrative action against the Q r City,its principals,or both for intentionally not reporting revenues generated fiom its code compliance division as CDBG program income. w d E s r Q 13 Packet Pg 554'; LOP Finding 3: The City Did Not Adequately Support Its Procurement Activities for CDBG-R Activities The City used CDBG-R funds,procured professional services,and awarded contracts without maintaining records to support its procurement activities. This condition occurred because the City did not adequately monitor the Economic Development Agency and relied on the Agency to maintain the records. As a result,it paid at least$951,548 to contractors without adequate support to show whether the services.were performed at a reasonable cost. Z d CO 93 Contrary to 24 CFR 85.36(b)(2),the City did not maintain a contract = administration system. It was unable to provide documentation showing that bids d were received for services obtained for its CDBG-R activities totaling$951,548, the entire amount of the grant received. Specifically,the funds were used to ¢ award contracts for handicap curbs$ ($451,548)and to Speicher Park?($500,000). The City did not adequately monitor the Agency. It relied on the Agency to v i maintain records but did not monitor the Agency to ensure that it did so. The = Agency has since been dissolved,and the City is now directly responsible for Q administering the program. Although the City established purchasing procedures, 0 they did not detail the requirement of maintaining records in accordance with o HUD rules and regulations. Overall,the City paid$951,548 to two vendors for o services without adequate support to ensure that services paid for were obtained at N low and competitive costs and in accordance with HUD rules and regulations. x At the March 27,2013, exit conference,the City provided additional procurement a records for the two contracts. However,the procurement records were still incomplete and did not demonstrate the reasonableness of the costs charged to the w CDBG-R funds. d .Ec ca .r r 4 The City violated HUD procurement requirements and paid$951,548 without adequate support to ensure that services were obtained at a low and competitive cost. This condition occurred because the City relied on the Agency to maintain its procurement records. Although the payments were made to unrelated third- party vendors, it was necessary for the City to demonstrate the reasonableness of the costs charged to the CDBG-R fiords. 8 The scope of work included construction for the Americans with Disabilities Act ramps and sidewalks for various locations citywide. 9 The scope of work included construction of a skate park,parking lot,basketball court,and community garden and compliance with the Americans with Disabilities Act for all onsite park improvements. 14 Packet We recommend that the Director of HUD's Los Angeles Office of Community Planning and Development require the City to 3A. Demonstrate the reasonableness of the CDBG-R funds($472,102)10 used on the two contracts and require any unsupported or unreasonable amounts to be repaid to the U.S. Treasury. 3B. Implement and follow procurement procedures and maintain records and project files and ensure that they are kept in accordance with HUD rules E and regulations. 0 x c. d a 0 N ti M w =a a c� 0 M r O N O M a .Q t X W C Q E t V Q 10 We recommend that the City demonstrate the reasonableness for the entire$951,548 used for the two contracts. However,Nye already questioned$479,446 of this amount under recommendation 1C. To avoid double counting,we listed the difference of$472,102 as the questioned costs for recommendation 3A. 15 w. Packet Pg 556 j, SCOPE AND METHODOLOGY We performed our onsite audit work primarily at the City's office,located in San Bernardino, CA,between July 2012 and February 2013. Our audit generally covered the period January 1, 2010,through June 30, 2012. We expanded our scope as necessary. To accomplish our audit objective,we • Reviewed applicable HUD regulations, including Public Law 111-5;Notice of Funding Availability Docket No. FR-5309-N-01;24 CFR Pant 570; 24 CFR Part 85;2 CFR Part 225; Office of Management and Budget(OMB) Circular A-133; HUD Handbook— E Playing by the Rules, Guide to National Objective and Eligible Activities for Entitlement r Communities; Office of Community Planning and Development Handbook 6509.2;HUD in Guidebook—A Guidebook for Grantees on Subrecipient Oversight;HUD CDBG and Recovery Act Facts,Answers,and Questions;HUD policy alerts and notices;and = American Recovery and Reinvestment Act of 2009 and OMB Recovery Web sites. • Reviewed the City's internal policies and procedures. a 0 N ti • Interviewed the City's staff. • Reviewed the City's accounting records,including general ledgers,invoices,and a supporting documentation related to the disbursements selected for review. 0 0 We selected a nonrepresentative sample of draws from our audit periods t with the highest N expenditures and auditor judgment. The City expended$12.11 million and$951,548 in CDBG o and CDBG-R funds fiom fiscal years ending June 30, 2009,to June 30,2012,respectively. Of = that amount,we sampled$1.27 million in CDBG funds and$432,102 in CDBG-R funds during Q the survey phase. In the audit phase,we focused on code enforcement expenditures($4.87 million), administrative costs ($1.4 million),program income, and sampled draws. For our X procurement review,we selected the highest expenditures,which also happened to be funded w under the Recovery Act. The only computer data system we relied on during the audit was the c City's Go-Enforce system, which we used to determine whether code compliance properties E were designated as CDBG. We confirmed examples to source documents to determine that the information was reliable enough for audit purposes. Q We conducted the audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient,appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective(s). We believe the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. Although our audit period started January 1,2010,there were instances in which we reviewed expenditures fiom the fiscal year ending June 30,2010,because the City did not request these expenditures to be reimbursed until the fiscal year ending June 30,2011. 16 Packet Pg�557, INTERNAL CONTROLS Internal control is a process adopted by those charged with governance and management, designed to provide reasonable assurance about the achievement of the organization's mission, goals,and objectives with regard to • Effectiveness and efficiency of operations, • Reliability of financial reporting, and • Compliance with applicable laws and regulations. c Internal controls comprise the plans,policies,methods,and procedures used to meet the organization's mission, goals,and objectives. Internal controls include the processes and procedures for planning, organizing,directing, and controlling program operations as well as the N systems for measuring,reporting, and monitoring program performance. ° x E CL a 0 We determined that the following internal controls were relevant to our audit M objective: C r p 7 • Policies and procedures that management has implemented to ensure that Q program funds are expended in accordance with HUD rules and 0 regulations. M • Policies,procedures, and controls that management has implemented to N ensure that program income generated is reported to HUD in accordance ° with rules and regulations. x a We assessed the relevant controls identified above. B f X A deficiency in internal controls exists when the design or operation of a control w does not allow management or employees,in the normal course of performing their assigned functions,the reasonable opportunity to prevent,detect,or correct(1) E impairments to effectiveness or efficiency of operations,(2)misstatements in c financial or performance information,or(3)violations of laws and regulations on a a timely basis. Based on our review,we believe that the following items are significant deficiencies: • The City lacked adequate controls over its CDBG and CDBG-R programs to ensure that program fiends were expended in compliance with HUD rules and regulations(see findings 1 and 3). 17 Packet Pg 558 APPENDIXES Appendix A SCHEDULE OF QUESTIONED COSTS Recommendation Ineligible l/ Unsupported 2/ number IA $47,699 E 113 $6,637,341 1 C $479,446 2A $73,445 2B $95,316 x 3A $472,10212 C Total $216,460 $7,588,889 Q 1/ Ineligible costs ate costs charged to a HUD-financed or HUD-insured program or activity that the auditor believes are not allowable by law; contract; or Federal, State, or local policies or regulations. 2/ Unsupported costs are those costs charged to a HUD-financed or HUD-insured program or activity when we cannot determine eligibility at the time of the audit. o Unsupported costs require the decision by HUD program officials. This decision, o in addition to obtaining supporting documentation,might involve legal o interpretation or clarification of departmental policies and procedures. _ X w u c m E s w a 1211,finding 1(recommendation 1C),we determined$479,446 of the$951,548 in CDBG-R funds to be unsupported costs. To avoid double counting,we listed the difference of$472,102 as the questioned costs for recommendation 3A. 19 ..Packet Pg 559::'; Appendix B AUDITEE COMMENTS AND OIG'S EVALUATION Ref to OIG Evaluation Auditee Comments Monday,April 8,2013 c Tanya E. Schulze E Regional Inspector General for Audit °' Office of Audit(Region 9) 611 West 6 1 Street,Suite 1160 0 Los Angeles,CA 90017 _ . a. Dear Ms. Schulze, Q The City of San Bernardino (CSB) received the revised draft audit report and cover o letter dated March 28, 2013. That letter requested formal conclusions and comments M to be submitted by April 8, 2013. Upon receipt of the report, the city hired a consultant with experience working with both the Department of Housing and Urban a Development (HUD) and the Office of Inspector General (OIG) in Los Angeles, 3 a Nance Redacted.' c9 O The City of San Bernardino disputes the OIG findings that it has unsupported costs as c Comment 1 set forth in Finding 1. The documentation is available, but needs to be compiled in a N format which will satisfy the OIG that all funds were used appropriately to provide D Code Enforcement for Community Development Block Grant (CDBG) properties. _ The City is requesting approval of the following allocation methodology to be applied Q to verifiable, documented Code Enforcement Department costs to determine legitimate,eligible expenses related to CDBG properties. k w Methodology m E The OIG auditors utilized the City's"Go-Enforcement"system in a limited manner to determine whether code compliance properties were designated as CDBG.However, w`°, that system also contains information to support all enforcement actions for each Q property which are relevant to the direct payroll allocation of staff members. The Comment 2 City is proposing to provide additional data from Go Enforce to support the costs set forth in Funding 1. Allocation calculations will be `Name Redacted has a J.D,and a B.B.A.and is licensed in her home state as a member of the Wisconsin State Bar and Department of Regulation and Licensing as a C.P.A. In California she provides business consulting and accounting services.She dealt with the Department of HUD administering funds for over nine years as Chief Financial Officer of a Los Angeles nonprofit and a consultant on a similar HUD/OIG audit for a San Bernardino nonprofit. "Names redacted for privacy reasons 20 Pack"et Pg.560 clearly defined, are readily accessible, detailed as to person, date, time, and activity and can be reproduced by auditors. Payroll Allocation Methodology: Inspection Staff Go-Enforce reports can be structured by Inspector, by dates, to list all or specific activities,by property,all or CDBG only.We will identify how many activities within Comment 2 a monthly range each inspector had for CDBG properties divided by the number for all properties visited within that period to determine the allocation percentage to apply to the salary, taxes and fringe benefits. Other available time documentation includes individual Inspector time "Tracking Forms"z manually prepared by inspectors daily which identifies property locations visited, time there, and whether it was CDBG or Non-CDBG. The methods overlap depending upon the utilization of the Go-Enforce d for a specific period within the entire audit period. Where available, we will use the Go-Enforce as the more accurate, inclusive and verifiable documentation to readily N differentiate between the property locations for allocation purposes. Tracking forms will be used for employees that are no longer working for the City. _ CL Administrative Personnel in the Code Enforcement division: 0 Administrative personnel primarily spend their time on documentation for citations, Q fees, penalties, notices of default, notices of hearing, hearings for liens, etc. This c information is also available in Go-Enforce. Creating reports as the time period, the M Go-Enforce system identifies activities, (Warrants, Hearings, Administration and Notices)for CDBG properties divided by those same activities for all properties.That percentage will be utilized to allocate Administrative Staff payroll expenses. a 0 Supervisory Staff: O For Administrative supervisory staff,the same allocation percentage calculated for the c Administrative staff will be used. For Inspection Supervisory staff,the percentage of N total CDBG activities per Go-Enforce will be divided by all similar actions instead of being employee specific or averaging the staff percentage. _ Q Payroll Allocation Exa»rple November 2010 x We arbitrarily chose an individual month to illustrate the allocation process. For w November,2010, CSB allocated 100%of the payroll expenses for specific individuals within the department. Instead, we propose to allocate all staff who work on CDBG E Comment 2 properties based on the above allocation percentages. Staff assigned to Commercial properties will be excluded. All others providing direct services (Inspectors) can be allocated individually. Using the Go-Enforce method confirms that staff provided Q services to CDBG properties in excess of the amount originally claimed for the period.3 Z Sample of Daily Tracking Form is attached. 3 See attached example. *Attachments available upon request 21 Packet Pg.561 Other Expenses: Office (administrative) expenses will be allocated in the same manner as the Comment 2 Administrative staff, i.e. Monthly Hearing Agenda percentage of CDBG cases, including supplies,postage,printing,copier. Occupancy: Office occupancy expenses for .(utilities, insurance, repairs, cleaning) will be calculated a little differently. The Code Enforcement Department also inspects properties for Weed abatement. There are 800 such properties, inspected twice annually. Accordingly;the occupancy allocation would be based on CDBG activities divided by all the total of all G-Enforce activities plus 1600 weed abatement inspections. c a� E Fleet Expenses: ; Fleet expenses, including vehicles, small tools and equipment, gas, maintenance, and N insurance will be allocated in the same manner as the Inspection Supervisory Staff. o x Upon approval of the direct payroll costs reconciliation procedures and indirect cost a Comment 3 methodology,the City requests that the OIG select sample periods to confirm that all the documentation and information is available for reconciliation and allow sufficient a time for the city to demonstrate same. Alternatively,specifically for the payroll,if the c OIG requires recalculation for the entire period, CSB requests that the allocation be N made by individual staff members on an annual,rather than monthly basis in order to expedite the process. The City requests that the final audit report be delayed until the above allocation Comment 3 substantiation can be completed. Please contact Brandon Mims, Deputy Director of O Housing,if you have any questions at(909)384-5122. r 0 N D Sincerely, Q B s X W Allen Parker m E z w Q 22 Packet Pg 562 Appendix C CRITERIA 24 CFR 570.200, General policies 24 CFR 570.200(a)(2), Compliance with national objectives. Grant recipients under the Entitlement and HUD-administered under the Entitlement and HUD-administered Small Cities programs must certify that their projected use of funds has been developed as to give maximum feasible priority to activities which will carry out one of the national objectives of benefit to low and moderate income families or aid in the prevention or elimination of slums or blight. £ d 24 CFR 570.200(a)(5), Cost Principles. Costs incurred,whether charged on a direct or an cn indirect basis,must be in conformance with OMB Circulars A-87, "Cost Principles for State, � Local and Indian Tribal Governments." _ c. d 24 CFR 570.206,Program administrative costs. Payment of reasonable administrative costs at and carrying charges related to the planning and execution of community development activities assisted in whole or in part with funds provided this part and,where applicable,housing N activities (described in paragraph(g)of this section)covered in the recipients housing assistance plan. This does not include staff and overhead costs directly related to carrying out activities eligible under section 570.201 through 570.204,since those costs are eligible as pant of such Q activities. c� 0 24 CFR 570.206(a)(1), General management, oversight and coordination. Reasonable costs of o overall program management, coordination,monitoring, and evaluation. Such costs include,but c are not necessarily limited to,necessary expenditures for the following: Salaries,wages, and x related costs of the recipient's staff,the staff of local public agencies,or other staff engaged in program administration. In charging costs to this category the recipient may either include the a entire salary,wages,and related costs allocable to the program of each person whose primal-J, responsibilities with regard to the program involve program administration assignments,or the w pro rata share of the salary, wages,and related costs of each person whose job includes any program administration assignments... 24 CFR 570.207,Ineligible activities r Q 24 CFR Part 570.207(a)(2), General government expenses. Except as otherwise specifically authorized in this subpart or under OMB Circular A-87,expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance under this part. 24 Packet,'Pg 563;;:, 24 CFR 570.427,Program amendments 24 CFR 570.427(a),HUD approval of certain program arnendrnents. Grantees shall request prior HUD approval for all program amendments involving new activities or alteration of existing activities that will significantly change the scope,location, or objectives of the approved activities or beneficiaries. 24 CFR 570.501,Responsibility for grant administration 24 CFR 570.501(b). The recipient is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies,subrecipients, or contractors does not relieve the recipient of this responsibility. The recipient is also responsible for determining the adequacy of performance under subrecipient agreements and d procurement contracts,and for taking appropriate action when performance problems arise, such as the actions described in section 570.910. CO 0 24 CFR 570.502,Applicability of uniform administrative requirements a d 24 CFR 570.502(a). Recipients and subrecipients that are governmental entities(including a public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, o "Cost Principles for State,Local,and Indian Tribal Governments." _ ti M 24 CFR 570.506,Records to be maintained. Each recipient shall establish and maintain sufficient records to enable the [HUD] Secretary to determine whether the recipient has met the a requirements of this part. �? 0 M 24 CFR 570.905,Review of continuing capacity to carry out CDBG funded activities in a N timely manner. If HUD determines that the recipient has not carried out its CDBG activities o and certifications in accordance with the requirements and criteria described in section 570.901 z or 570.902,HUD will undertake a further review to determine whether or not the recipient has q continuing capacity to carry out its activities in a timely manner. In making the determinations, the Department will consider the nature and extent of the recipient's performance deficiencies, x types of corrective actions the recipient has undertaken and the success or likely success of such w actions. c m E 2 CFR Part 225,appendix A,paragraph C.3.d,states,"Where an accumulation of indirect costs will ultimately result in charges to a Federal award, a cost allocation plan will be required as described in Appendices C, D,and E to this part." According to Appendix E, State and Local Indirect Cost Rate Proposals,paragraph(13)(2),"...'Indirect cost rate' is a device for determining in a reasonable manner the proportion of indirect costs each program should bear. It is the ratio(expressed as a percentage)of the indirect costs to a direct cost base." Further, paragraph (3)(1)(a)of appendix states,"All department or agencies of the governmental unit desiring to claim indirect costs under Federal awards must prepare an indirect cost rate proposal and related document to support those costs." In addition,paragraph(D)(2)(a) specifies, "Documentation of proposals. The following shall be included with each indirect cost proposal: 25 Packet Pg:56 4 The rates proposed,including subsidiary work sheets and other relevant data,cross referenced and reconciled to the financial data..." 2 CFR 225,Appendix A,paragraph C.3.c.Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR pant 225 may not be charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. 24 CFR Part 570 24 CFR 570.500(a). Program income means gross income received by the recipient or a subrecipient directly generated from the use of CDBG funds, except as provided in paragraph d (a)(4)of this section. E 24 CFR 570.500(a)(1)(x). Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where the assessments are D I used to recover all or part of the CDBG portion of a public improvement. _ o. • a� 24 CFR 570.503(b)(3),Prograin income. The agreement shall include the program income a requirements set forth in § 570.504(c). The agreement shall also specify that,at the end of the o program year,the grantee may require remittance of all or part of any program income balances ti (including investments thereof held by the subrecipient(except those needed for immediate cash I needs, cash balances of a revolving loan fund,cash balances from a lump sum drawdown, or I cash or investments held for section 108 security needs). Q 24 CFR 570.504(a),Recording program income. The receipt and expenditure of program income as defined in § 570.500(a)shall be recorded as part of the financial transactions of the N grant program. o (b)Disposition ofprograin income received by recipients. _ (1)Program income received before grant closeout may be retained by the recipient if the Q income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG Rinds. (2) If the recipient chooses to retain program income,that program income shall be W disposed of as follows: c (i)Program income in the form of repayments to, or interest earned on, a revolving fund as defined in section 570.500(b)shall be substantially disbursed from the funds before additional cash withdrawals are made from the U.S.Treasury for the same activity. a (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (iii)At the end of each program year,the aggregate amount of program income cash balances and any investment thereof(except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances fiom a lump-sum drawdown, or cash or investments held for section 108 loan guarantee security needs)that,as of the last day of the program year,exceeds one-twelfth of the most recent grant made pursuant to section 570.304 shall be remitted to HUD as soon as practicable thereafter,to be placed in the recipient's line of credit. 26 Packet Pg.565 24 CFR 570.504(b)(3). Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in subpart C and all other applicable provisions of this part until it is expended. 24 CFR 85.25(4) Governmental revenues. Taxes,special assessments, levies,fines,and other such revenues raised by a grantee or subgrantee are not program income unless the revenues are specifically identified in the grant agreement or Federal agency regulations as program income.. i 24 CFR 85.36(b),Procurement standards (1) Grantees and subgrantees will use their own procurement procedures which reflect applicable d State and local laws and regulations,provided that the procurements conform to applicable w Federal law and the standards identified in this section. Y (2)Grantees and subgrantees will maintain a contract administration system which ensures that cn contractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders. _ CL a� Q 0 N ti • M a Q t9 O M r O N 2 Q r t X W w C d E t v r Q 27 Packet Pg 566 8.B.b Appendix D SUMMARY OF QUESTIONED COSTS Code enforcement expenditures, administrative costs,sample draws 13 n q IIk�y��ajLSppL�p.1 J-��.?rr" 1 ar`p �` K�sF �,•'c r��?��'- i' ���y„ '`�r V y t� 1 r'"c. d r^&-�.^ l^, l i�F+^4Y�''i'^XYf'.yM��ST���i���t ly� Mf 1 1 4 ."rl l !^?, ✓ ��'YY A =M,�- 1�.....2T�`x� ���I 'S P� v Unsuppor ted amount Ineli ible flinount- -FYE FYE FYE'k FYE FYE Jane TX June Jute 30, June 30, June 30, 30, luie 30, 30, a�Ei Description 2010 2011 2012 Total 2010 2 011 >2012 Totaf;. CD Salaries&benefits $1,183,855 $1,641,609 $1,070,000 $3,895,464Y:-':.tJa n/a :iiJfl. : $0` Supplies $4,439 $36,447 $40,886 D Tools&equipment $686 $686 tV n/a n/a' ` o; C. Printing $1,907 1 $417 $2,324 $0.` Postage $12,350 $12,350 n/a $0 Q Copy machine&copier $1,057 $3,320 $4,378 A/tt Ala ti Other operating expenses $651 $651 Garage $5,750 $5,750 trla IT**charges in house $5,000 $217,024 $222,024 ::'. ii'Na n/a iv- a C7 Telephone $2,500 $101,640 $104,140 '=.:::;ii7a n/a tt/a ` S0 O M Communications $2,475 $2,475 . : :Na` o Fleet&fuel $7,400 $30,073 $37,473 ``..`;, it/a i>/a n/a SO `V Worker's compensation $179,872 $179,872 n/a t>la Iva $0' _ Liability charges $262,108 $262,108 tUa t>la Membership dues $2,175 $2,175 n/a n/a nla- $0 Medical supplies $591 $591 n/a nla Ja $0 X Contract services,county w assessor,medical supplies,county auditor; lock services, .c government outreach, L) co county clerk,etc. $41,609 $41,609 tr/a S1,850 rile $1,850 Q 20%of expense items $32,746 $32,746 n/t n/a Subtotal code enforcement extenditures $1,228,070 $2,549,632 $1,070,000 $4,847,702 $0 $1,850 :. $0 $1,850` 13 The schedule is a summary of the questioned costs identified during the audit. We provided a detailed itemized listing of questioned costs with the audit report to the City and to HUD. 28 Packet Pg. 567 B.B.b MR. �[.. � N L .airy ru •% ,a ^-Y r'�i,'., x,., �✓�A'( a ;,.., 'ter' y„�,K ✓r'uy -..u�o--i K,,ays y '. {'. i1fillilS ' IRIST - . { < /s.1 �" Unsu ported amount Ineti ible.alnount FYE FYE FYE FX F1'E June June 30, June 30, June 30, Jiiiie30; : Julie 30, 30;, Description 2010 2011 2012 Total 2010 2011:'- : <`2012 :' Totet;:: Administrative costs $120,000 $764,299 $442,520 $I,326,819 n/a $1:4;OO.I`. '.`..'ii/a' $14,001` Subtotal administrative costs $120,006 $764,299 $442,520 $1,326,819 0 $14,001 0: $14,001. c r• j t f T^J. - } i�3+cd YJt �YUf.Y�. 'd•�f C.vSJ",jTir1 fti iaG"'��fi`t Y'^`n •T.I� 4� "`i i fR',»JlY ,r r r^ 2 r 11M, 4 'r s r ''rr^� ✓,��'.ci'" �.,-'t ry + y .r"-,`y' ,,ia �t�t i. ",r' .r .3`3 r�e' ,rS¢- �'xr., d Description Unsupported amount Total Ineh ib..e.Aniauzit: Total.: . cn Legal Aid Society $1,265 $1,265 $0 Frazee $1,722 $1,722 Q) Children's Fund $2,500 $2,500 ti/aU c U Al-Shifa Clinic $3,052 $3,052 iila $0 St.John's Community $1,250 $1,250 c°� ti Youth Action Project $1,416 $1,416 Inland AIDS Project $1,076 $1,076 n/a $0 Community Development Q 0 Department,City of O San Bernardino $100,000 $100,000 u/a $O:r M Senior Services e Program $81,313 $81,313 nla0.: N CAL Tlieatre Phase II $28,102 $28,102 Inland Fair Housing $48,785 $48,785 nla $0' Q Eastside Skate Park at Speicher Park ADA Improvement CDBG-R $379,807 $379,807 nLa0 w Sun Trust Leasing, r Inc. $192,339 $192,339 Handicap curbs and ramps(CDBG-R $99,639 $99,639 Lila $0.: ;n Subtotal sample " Q draws $942,266 $942,266 $0 S0 r a�Z i v3 a �r �.. y- '�.,r�i � ,,"..�.,'��a"'��.,�r ✓.u�t Kab .r.,��� 4:+u„ '�� f+4}s,€��'_�U t,.•t �..c'�S�jf��5r��''a�t���'' .rr,Ti��..���' z_ rte,,.�a Description Unsupported amount Total Ineligible:amount' Total Additional funding for Legal Aid Society $20,000) ii/a $0 $20,000 $20,000': 29 Packet Pg. 568 8 Overdrew for FYE June 30,2011. Drew$2,581,509 when expenditures totaled only $2,571,506 n/a 1,.:.003;;`: :.'.:t°:;:>:. ':':: :' ': 100 Overdrew for May 2011. The City added incorrectly,and records revealed only ! $122,040,not $123,885 cr/a $Q Subtotal other $0 $0 $31;8 $ X31,848.` c Total unsupported(code Total ineligible(code E enforcement,administrative, enforcement,administrative, m sample draws,and other sample draws,and other Totals uestioned costs $7,116,787 uestioned costs $47,699 CO 0 *FYE=fiscal year ending x *IT=information technology C Q 0 N ti M r 3 Q 0 M r O N O r t K W r C d E V cc Q 30 Packet Pg.569 i o°`'PS°`"'°F,a U.S.Department of Housing and Urban Development * Los Angeles Area Office,PacificlHawali 611 West Sixth Street ,+tN DEYt-,O Los Angeles,California GOO AR-4 9 20- Allen Parker,City Manager City of San Bernardino 201 North`EE"Street, Suite 301 San Bernardino,CA 92401-1507 0 Dear Mr.Parker: D o. SUBJECT: Office of the Inspector General(OIG)Audit Report Number 2013-LA-1004 Community Development Block Grant(CDBG)Program Q Resolution Action for Findings 113 and 1C-Findings 2A and 2B o N r• During our meeting with the City of San Bernardino on November 12,2014,we agreed on actions to be taken to resolve all of the OIG Audit monetary findings on the City's w CDBG program. This letter is to memorialize the actions that were agreed upon between the City and the Department. o FINDINGS 113 and 1C N The sum total of-questioned costs for Findings 1B and 1C totaled$7,116,786. Documentation to support$5,221,304 of these challenged costs was provided to HUD for Q review and was found to be sufficient and acceptable. Based our review,an amount of $1,895,482(out of the original$7,116,786 amount)will be required to be paid back to the = City's line of credit with non-federal funds. Please note that the City will be able to utilize m these funds for fixture CDBG-eligible activities. -. IUD has agreed to the City a three-year(3)repayment schedule to satisfy this w finding. We have agreed to a multi-year repayment schedule due to the financial hardships the City is experiencing. The time-frame and repayment amounts are as presented below: E July 1,2015 $500,000 .2 July 1,2016 $500,000 Q July 1,2017 $895,482 Total $1,895,482 The City must provide a copy of a City Council resolution agreeing to the repayment term outlined above. Please note that failure to comply with this agreement will result In funds being reduced from the City's CDBG line of credit, Packet Pg. 570 • 8.B.c FINDINGS 2A and 213 The resolution of this finding was not covered during the November 12,2014 meeting;however,we have been informed by the City that it would be fully addressed in the very near future. The City's Audit findings are significantly past the resolution period provided by OIG. The City's former redevelopment agency received$168,761 in program income that was not receipted and utilized for eligible CDBG activities. The City has acknowledged this liability and its intention to reimburse its CDBG line of credit with non-federal funds. At this date,repayment of$168,761 would relieve the City from having to further investigate and E document this issue, Given that the City has agreed to this figure,any fiirther efforts by the City would not be constructive. N 0 Please reimburse your CDBG line of credit in the amount of$168,761 with non- CL federal funds in order to clear OIG finding sections 2A and 2B. U a We want to recognize the efforts of you and your staff and consultants to greatly CD reduce the City's overall liability. The actions taken by the City sliould improve the oversight and effectiveness of the CDBG program, a� i+ Please provide a copy of the City Council resolution and documentation of the J repayment of the CDBG program income no later than February 13,2015. Should you have o any questions,please contact Chin Woo Choi,Program Manager,or myself at(213)534- 2571 and (213)534-2555,respectively. o o: Very Sincerely, o . � m r William G.Vasquez,Director Office of Community Planning w and Development w d E • s w Q Packet Pg. 571 Entered into Rec. at MCC Mtg. `� 1/1,57 i 2/17/2015 by' Agenda ttem No: by: City Clerk C �Ly%o ar ggrnrlinn MCC Meeting— February 17 Item 8b Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Resolve the Findings of the Housing and Urban Development (HUD) Department Audit of the City's Community Development Block Grant (CDBG) Program.(#3720) Background • During the Spring of 2013 the Office of Inspector General audited the City's CDBG and CDBG-R programs for three fiscal years: —June 30,2010 —June 30,2011 —June 30,2012 • $11,690,503 of Federal Fundding Auditors' Findings • Auditors Findings: 1. City did not have support for approximately$7 million dollars 2. City did not report program income for some activities 3. City did not adequately support its procurement activities for CDBG-R 1 2/17/2015 Staff Response • Support documents for various transactions was not available during the audit,however, funds were spent in eligible areas. • Program Income was not reported correctly during the audit period. • The procurement documents for CDBG-R were not available during the time of the audit Audit Result • City staff was directed to work directly with HUD Los Angeles Office to support as much of questioned and/or unsupported costs. • Since April 2013 staff has been working with HUD LA to resolve audit findings. • Staff has been successful in reducing the audit finding amount to$1,895,482,about 76%less than the original finding. Tonight's Action • Tonight's Resolution: - -Authorizes the City Manager to settle the audit –Authorizes a payment of$168,761 from the current fiscal year —Authorizes future payments of$500,000 on July 1, 2015,$500,000 on July 16,2016 and$895,482 on July 1,2017 — 2 2/17/2015 Questions 3 2/17/2015 MCC Meeting— February 17 Item 8c Resolution of the Mayor and Common Council of the City of 5an Bernardino Rescinding Resolution Number 2014-382 and Authorizing the City Manager to Enter into a C.—I with Mercy House LWing Centers for the Operation of the Service Access Center,Appropriating and Allocating$200,000 of Emergency 5olutions Grant Funding; and Designating City-Owned Property Within 5eccombe Lake(Butler Building)for Use as the Central Drop-In/Service Access Center.(N3118) Background • Council approved the Homeless Intervention Action Plan(HIAP). Section 6 of that policy document directed the release of a Request for Qualifications/Proposal(RFQ/RFP)for a"centralized service access center." • The HIAP also identified$200,000 of Emergency Solutions Grant(ESG)funds to finance the centralized service access center. • An RFP was circulated between August 18 and September 11,2014 Background • Council authorized the City Manager to negotiate a contract between Mercy House and the City on November 3,2014 • Council also designated the site at 241 West 9th Street(Easter Seals Building)as the proposed site of the new access center. 1 2/17/2015 Statement of the Issue • Staff is before Council tonight to finalize the following issues related to the development of the access center: —Approval to enter into the attached ESG agreement for the services outlined in Exhibit B. —Approval to change the location of the access center Approval to Enter Into Contract • Resolution 2014-382(as prepared)did not authorize the City Manager to enter into an agreement. Butler Building • 247 East 7th Street(Inside Seccombe Lake) • Metal frame building currently being co- occupied by Urban Conservation Corp and San Bernardino NOW. • Fewer public safety concerns, low impact on economic development and lower rehabilitation costs. 2 i 2/17/2015 Butler Building • The renovation costs at the Easter Seals' building are prohibitively high,approximately $500,000 • Proposed new locations were evaluated by staff for accessibility to Downtown,impact on economic development,public safety, rehabilitation costs and timeliness. T 'ye 3 2/17/2015 Public Safety Concerns • Police Chief Jarrod Burguan Structural/Rehabilitation • Mark Persico and Tony Frossard Impact to the Park • Mickey Valdivia 4 2/17/2015 Questions 5 i n Q r-F n �a O o rD 7-j rD 04 3 � �O O — Ln o � =3 :7 rD ry 0 o ( = � r m C -1 rD 0 0 � 0- K _ r+° o0 CD rn _0 D o C:�+ rt 3 rD = o rD 00 onm 0 T _ 0' (D � Do 3 QC: � o rD � 0 r) rt = r) o `C co aq r+ G) rD = D -% rm v� t r S r co _0 G) fD CD (D (D i Q W W W 70 Q r-+ O O O _0 -- O W O O O 0 (D O N N -1 O � � 3 m 0 0- --1-, w O n rD O C- -+, �- r-F O r+ -n (D O C: fD CL W CD (D Z7;- n O 0 ,C 'C n• C7 O cn p —h G) CL E W D r- r.+ r± r+ _. r.+ O r-r C:L C:L rr O N rD CD• T o O o = o -N % ZT CD 0 < r"f Dv � O (D �o (D -0 � '< 0 q O " T1 cn N — • 3 --h =3 -• ° Q. 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