Finding Number: 2024-004 Assistance Listing Number and Title: AL # 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Federal Award Identification Number / Year: B-22-CP-OH-0726 Federal Agency: U.S. Department Of Housing And Urban Development Compliance Requirement: Reporting Pass-Through Entity: N/A Repeat Finding from Prior Audit? No Prior Audit Finding Number: N/A Noncompliance and Material Weakness 2 CFR 2400 gives regulatory effect to the Department of Housing and Urban Development for 2 CFR 200.329 which provides the recipient and subrecipient are responsible for the oversight of the Federal award. The recipient and subrecipient must monitor their activities under Federal awards to ensure they are compliant with all requirements and meeting performance expectations. Monitoring by the recipient and subrecipient must cover each program, function, or activity. Grant Agreement No. B-22-CP-OH-0726 Article VI Program-Specific Reporting Requirement states that in addition to the general reporting requirements that apply under provisions of this Agreement, the following program-specific reporting requirements apply to the grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6-month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. • The County submitted a semi-annual performance report for the time period ending June 30, 2024 for the Economic Development Initiative AL# 14.251 B-22-CP-OH-0726 indicating total funds expended of $0. The County accounting records for the time period ending June 30, 2024 had expenditures of $537,015, resulting in a variance of $537,015. • The County submitted a semi-annual performance report for the time period ending December 31, 2024 for the Economic Development Initiative AL# 14.251 B-22-CP-OH-0726 indicating current expenditures of $0. The County accounting records for the time period ending December 31, 2024 had expenditures of $2,129,368, resulting in a variance of $2,129,368. The failure to submit accurate amounts was due to insufficient controls and could result in action taken by the grantor. The County anticipates contacting HUD after the end of the federal shutdown to amend these reporting errors. Additional controls should be implemented to help ensure accuracy of the reports.
Finding Number: 2024-005 Assistance Listing Number and Title: AL # 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Federal Award Identification Number / Year: B-22-CP-OH-0726 Federal Agency: U.S. Department Of Housing And Urban Development Compliance Requirement: Activities Allowed or Unallowed and Allowable Cost Principles Pass-Through Entity: N/A Repeat Finding from Prior Audit? No Prior Audit Finding Number: N/A Questioned Cost, Noncompliance, and Material Weakness 2 CFR 2400 gives regulatory effect to the Department of Housing And Urban Development for 2 CFR Part 200.414(f) which provides, in part, that recipients and subrecipients that do not have a current Federal negotiated indirect cost rate (including provisional rate) may elect to charge a de minimis rate of up to 10 percent of modified total direct costs (MTDC). The recipient or subrecipient is authorized to determine the appropriate rate up to this limit. When applying the de minimis rate, costs must be consistently charged as either direct or indirect costs and may not be double charged or inconsistently charged as both. The de minimis rate does not require documentation to justify its use and may be used indefinitely. Once elected, the recipient or subrecipient must use the de minimis rate for all Federal awards until the recipient or subrecipient chooses to receive a negotiated rate. 2 CFR Part 200.1 defines Modified Total Direct Cost (MTDC) as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs, and the portion of each subaward in excess of $50,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs and with the approval of the cognizant agency for indirect costs. The County charged $300,000 in Administrative Indirect Costs for the Economic Development Initiative, Community Project Funding, and Miscellaneous Grants AL# 14.251 using a de minimis indirect cost rate. The $300,000 was calculated as 10% of total project costs of $3,000,000, which included $300,000 in indirect costs and $2,700,000 in direct costs. Further, the $2,700,000 of direct costs expended for the project were capital expenditures related to construction on the Devola Sewer Project. Therefore, the Modified Total Direct Cost (MTDC) on the Project was $0. As a result, the County should not have charged any indirect costs on the project using a de minimus rate. The County improperly charging Indirect Costs on the Project was due to confusion over how to calculate Modified Total Direct Costs. Therefore, we consider the amount of $300,000 to be a questioned cost. Failure to properly apply the de minimus indirect cost rate could lead to future questioned costs, reduced future federal funding, and the requirement to repay grant funds. Additional controls should be implemented to help ensure proper application of the de minimus indirect cost rate.
Finding Number: 2024-006 Assistance Listing Number and Title: AL # 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Federal Award Identification Number / Year: B-22-CP-OH-0726 Federal Agency: U.S. Department Of Housing And Urban Development Compliance Requirement: Special Tests and Provisions Pass-Through Entity: N/A Repeat Finding from Prior Audit? No Prior Audit Finding Number: N/A 24 CFR 75 establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of public housing financial assistance, and their contractors and subcontractors, must make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers. Grant Agreement No. B-22-CP-OH-0726 Article IV General Federal Requirements (M) states the grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 USC 1701u, and HUD's regulations at 24 CFR part 75 as applicable, including reporting requirements in 24 CFR 75.25. The County did not establish any policies/procedures related to Section 3. Further, The County did not include Section 3 accomplishments in their semi-annual performance reports submitted in Disaster Recovery Grant Reporting System (DRGR).The failure to submit Section 3 accomplishments on semi-annual performance reports was due to insufficient controls and could result in action taken by the grantor. Additional controls should be implemented to help ensure the County is adhering to Section 3 guidelines and submitting the required Section 3 accomplishments in their semi-annual performance reports submitted in DRGR.
Finding Number: 2024-003 Assistance Listing Number and Title: AL # 21.027 Coronavirus State and Local Fiscal Recovery Funds Federal Award Identification Number / Year: 2022-AR-CVI-1159 Federal Agency: U.S. Department Of Treasury Compliance Requirement: Reporting Pass-Through Entity: Ohio Department of Public Safety Repeat Finding from Prior Audit? No Prior Audit Finding Number: N/A Noncompliance and Material Weakness 2 CFR § 1000.10 gives regulatory effect to Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, set forth at 2 CFR part 200 for the Department of Treasury. 2 CFR 200.329 provides the recipient and subrecipient are responsible for the oversight of the Federal award. The recipient and subrecipient must monitor their activities under Federal awards to ensure they are compliant with all requirements and meeting performance expectations. Monitoring by the recipient and subrecipient must cover each program, function, or activity. The Office of Criminal Justice Service (OCJS) Standard Subgrant Conditions Handbook provides all OCJS projects are required to submit Quarterly Subgrant Reports. This report must show actual expenditures, describe progress towards achieving objectives, and include supporting documentation (such as purchase orders, vouchers, invoices, payroll allocation reports, payroll summaries, time sheets, etc.) for expenditures. The reports shall be submitted no later than the last day of the month following the calendar quarter end. A report must be submitted every quarter, even when there has been zero expenditure or when a payment is not being requested. • The County submitted the quarterly report for the quarter ending March 31, 2024 for the COVID-19: Coronavirus State and Local Fiscal Recovery Funds AL# 21.027 Washington County Violence Interruption Project 2022ARCVI1159 with current expenditures of $63,918. Washington County accounting records for quarter ending March 31, 2024 had expenditures of $58,069, resulting in a variance of $5,849. • The County submitted the quarterly report for the quarter ending June 30, 2024 for the COVID-19: Coronavirus State and Local Fiscal Recovery Funds AL# 21.027 Washington County Violence Interruption Project 2022ARCVI1159 with current expenditures of $0. Washington County accounting records for quarter ending June 30, 2024 had expenditures of $30,140, resulting in a variance of $30,140. • The County submitted the quarterly report for the quarter ending September 30, 2024 for the COVID-19: Coronavirus State and Local Fiscal Recovery Funds AL# 21.027 Washington County Violence Interruption Project 2022ARCVI1159 with current expenditures of $242,219. Washington County accounting records for quarter ending September 30, 2024 had expenditures of $41,604, resulting in a variance of $200,615. • The County submitted the quarterly report for the quarter ending December 31, 2024 for the COVID-19: Coronavirus State and Local Fiscal Recovery Funds AL# 21.027 Washington County Violence Interruption Project 2022ARCVI1159 with current expenditures of $37,086. Washington County accounting records for Quarter ending December 31, 2024 had expenditures of $23,653, resulting in a variance of $13,433. The failure to submit accurate amounts was due to insufficient controls and could result in action taken by the pass-through entity. Additional controls should be implemented to help ensure accuracy of the reports.