Audit 32423

Criteria: The Code of Federal Regulations (CFR) Section 200.303 requires that nonfederal entities receiving federal awards establish and maintain internal over federal awards that provides reasonable assurance that the non-federal entity is managing the federal awards in compliance with federal statutes, regulations, and the terms and conditions of the federal award. The organization should have internal controls to ensure that costs charged to federal awards comply with the cost principles contained in Subpart E ? Cost Principles (2 CFR 200.400). Condition: While the Lexington Center Corporation had more than sufficient qualifying costs in excess of the federal award amount, personnel costs previously credited through the Employee Retention Credit (ERC) were coded to the federal award. Pursuant to section 3134(h)(1)(B) and (C) of the Internal Revenue Code, employers may not treat qualified wages used in connection with the ERC also for the Shuttered Venue Operators Grant. Cause: The Lexington Center Corporation did not have policies and procedures over cost principles establishing the allowability of certain items of costs in accordance with allocability standards. Effect: Noncompliance such as unallowable costs charged to the federal award could occur and not be detected or corrected. Audit Recommendation: We recommend that management implement procedures over the administration of federal awards, including establishing written policies and procedures to ensure compliance with Uniform Guidance cost principles. Management?s Response: Federal awards received by Lexington Center Corporation spanned the course of two and half years and a major change in management from in-house to a private management company. The expenses submitted under the ERC were done so prior to Oak View Group management, with the expenses submitted under the SVOG overlapping the two management regimes. Management has sufficient qualifying costs for corrective action in this particular circumstance and will be identifying controls that ensure corrective action will not be needed in future circumstances.

Criteria: The Code of Federal Regulations (CFR) Section 200.303 requires that nonfederal entities receiving federal awards establish and maintain internal over federal awards that provides reasonable assurance that the non-federal entity is managing the federal awards in compliance with federal statutes, regulations, and the terms and conditions of the federal award. The organization should have internal controls to ensure that costs charged to federal awards comply with the cost principles contained in Subpart E ? Cost Principles (2 CFR 200.400). Condition: While the Lexington Center Corporation had more than sufficient qualifying costs in excess of the federal award amount, personnel costs previously credited through the Employee Retention Credit (ERC) were coded to the federal award. Pursuant to section 3134(h)(1)(B) and (C) of the Internal Revenue Code, employers may not treat qualified wages used in connection with the ERC also for the Shuttered Venue Operators Grant. Cause: The Lexington Center Corporation did not have policies and procedures over cost principles establishing the allowability of certain items of costs in accordance with allocability standards. Effect: Noncompliance such as unallowable costs charged to the federal award could occur and not be detected or corrected. Audit Recommendation: We recommend that management implement procedures over the administration of federal awards, including establishing written policies and procedures to ensure compliance with Uniform Guidance cost principles. Management?s Response: Federal awards received by Lexington Center Corporation spanned the course of two and half years and a major change in management from in-house to a private management company. The expenses submitted under the ERC were done so prior to Oak View Group management, with the expenses submitted under the SVOG overlapping the two management regimes. Management has sufficient qualifying costs for corrective action in this particular circumstance and will be identifying controls that ensure corrective action will not be needed in future circumstances.