Finding 1166978 (2023-003)

Material Weakness Repeat Finding
Requirement
G
Questioned Costs
-
Year
2023
Accepted
2025-12-30

AI Summary

  • Core Issue: The Corporation did not meet the required cost-sharing amount of $52,359 for FEMA funds, leading to potential noncompliance.
  • Impacted Requirements: Failure to comply with FEMA's matching requirements could result in questioned costs of $52,359 and jeopardize future funding eligibility.
  • Recommended Follow-Up: Implement procedures for thorough review and verification of reimbursement requests to ensure compliance with FEMA's matching requirements.

Finding Text

2023-003 Matching Non-Federal Funds Compliance Requirement Matching Category Significant Deficiency in Internal Control and Noncompliance Federal Agency U.S. Department of Homeland Security through the Federal Emergency Management Agency Pass-Through Entity Central Office for Recovery, Reconstruction and Resiliency ALN 97.036 Federal Program Disaster Grants - Public Assistance (Presidentially Declared Disasters) Criteria 44 CFR Section 206.203 Federal Assistance. (a) ..... (b) Cost sharing. All projects approved under State disaster assistance grants will be subject to the cost sharing provisions established in the FEMA-State Agreement and the Stafford Act. Exhibit A - Scope of Work Non-Federal Match Program Puerto Rico Fine Arts Center Corporation 1. Program Overview/Background (second paragraph) - The primary partners to the Puerto Rico Department of Housing (PRDOH) in the Non-Federal Match Program (NFMP) are the Central Office for Recovery, Reconstruction, and Resilience (COR3) and subrecipients who for Hurricane Irma have a twenty-five percent cost share requirement and for Hurricane María, generally a ten percent cost share for Federal Emergency Management Agency (FEMA) Public Assistance projects. PRDOH will be providing the majority of cost share for the FEMA Project Worksheets associated with these disasters by working directly with COR3 to access data and provide the match payment and with subrecipients who will provide documentation required by the US Department of Housing and Urban Development (HUD) so that PRDOH can ensure full HUD compliance and reimburse subrecipients for their cost share. (Note: The twenty-five percent cost-share related to Hurricane Irma does not apply in this case) Condition The Corporation expended $523,590 from FEMA funds but did not meet the required cost-sharing amount of $52,359 from the Community Development Block Grant - Disaster Recovery (CDBG-DR) funds. On September 9, 2021, the Corporation signed a Community Development Block Grant – Disaster Recovery (CDBG-DR) Non-Federal Match Program Agreement with the PRDOH, to comply with FEMA's matching requirement. The Corporation only requested a reimbursement of $4,224. Cause The Corporation’s failure to request the full matching amount was due to inadequate monitoring and oversight of the matching requirement. The Corporation did not ensure that the necessary CDBG funds were allocated to meet the 10% cost-sharing requirement. Effect Noncompliance with the matching requirement can result in questioned costs amounting to $52,359. This could lead to the Corporation having to repay FEMA for the unmet matching requirement. It may also impact on the Corporation’s eligibility for future FEMA funding. Questioned Costs $47,935, net of the $4,424 requested. Recommendation The Corporation should implement procedures to ensure that all reimbursement requests align with FEMA’s matching requirements. This includes thorough review and verification processes to prevent future noncompliance. Views of responsible officials Refer to Unaudited Corrective Action Plan.

Corrective Action Plan

Action Item Title 2023-003 – Federal Award Findings Status (Open: In-process) Condition Matching Non-Federal Funds The Corporation expended $523,590 from FEMA funds but did not meet the required cost-sharing amount of $52,359 from the Community Development Block Grant - Disaster Recovery (CDBG-DR) funds. On September 9, 2021, the Corporation signed a Community Development Block Grant – Disaster Recovery (CDBG-DR) Non-Federal Match Program Agreement with the PRDOH, to comply with FEMA's matching requirement. The Corporation only requested a reimbursement of $4,224. Identified root cause The Corporation’s failure to request the full matching amount was due to inadequate monitoring and oversight of the matching requirement. The Corporation did not ensure that the necessary CDBG funds were allocated to meet the 10% cost-sharing requirement. Grantee resolution plan Matching Non-Federal Funds The Corporation’s CDBG Subrecipient Agreement does not currently support FEMA’s 10% local match requirement due to stricter federal compliance rules under HUD, which exceed FEMA’s. As a result, the Corporation contacted the Central Office for Recovery, Reconstruction, and Resiliency (COR3), its pass-through entity, to request assistance in identifying alternative funding sources to fulfill the 10% matching requirement. We recognize the importance of complying with the matching requirements established by the federal regulations applicable to the program. We clarify that the funds used as "matching" come from eligible sources by the regulations of the Department of Housing and Urban Development (HUD) and have been properly documented in our financial records. During the audited period, all necessary actions were taken to ensure that the matching funds met the requirements of eligibility, proportionality, and traceability. Nevertheless, we have considered the auditor’s comments and, as a corrective and proactive measure, we are strengthening our controls and documentation procedures to ensure full compliance with future audits. We appreciate the observation noted in the Single Audit report regarding compliance with the matching fund requirements for CDBG funds. We would like to clarify that our entity has complied with the applicable federal provisions regarding the contribution of equivalent funds, as established in 24 CFR Part 570 and the guidelines issued by HUD. Supporting documentation that validates compliance with the required match has been collected. It is available for review, including financial statements, reports of local contributions, and project records demonstrating the investment of non-federal resources applicable to the program. If there is any discrepancy in the interpretation regarding the source or eligibility of the matching funds presented, we are willing to clarify and provide additional evidence to support their use in accordance with the regulations. It should also be noted that the Corporation is periodically audited by the Housing Department, ensuring compliance with all relevant requirements. We remain committed to transparency and the rigorous fulfillment of all federal requirements. We appreciate the recommendations provided to continue strengthening our internal control and documentation processes. Completion date Pending assistance and resolution from COR3. Name and Title of contact: Linnette Dávila Alemán- Financial and Budget Assistant Manager Phone: 787-724-4747 ext. 2105 Email: ldavila@cba.pr.gov Jetppeht Pérez de Corcho Morgado – General Manager Phone: 787-724-4747 ext. 2102 Email: jperez@cba.pr.gov

Categories

Matching / Level of Effort / Earmarking Subrecipient Monitoring Internal Control / Segregation of Duties

Other Findings in this Audit

  • 1166977 2023-002
    Material Weakness Repeat
  • 1166979 2023-004
    Material Weakness Repeat
  • 1166980 2023-005
    Material Weakness Repeat
  • 1166981 2023-006
    Material Weakness Repeat
  • 1166982 2023-002
    Material Weakness Repeat
  • 1166983 2023-004
    Material Weakness Repeat
  • 1166984 2023-005
    Material Weakness Repeat
  • 1166985 2023-006
    Material Weakness Repeat
  • 1166986 2023-002
    Material Weakness Repeat
  • 1166987 2023-004
    Material Weakness Repeat
  • 1166988 2023-005
    Material Weakness Repeat
  • 1166989 2023-006
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
59.075 SHUTTERED VENUE OPERATORS GRANT PROGRAM $1.62M
97.036 DISASTER GRANTS - PUBLIC ASSISTANCE (PRESIDENTIALLY DECLARED DISASTERS) $523,590
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $502,779