Finding 1179665 (2023-003)

Material Weakness Repeat Finding
Requirement
H
Questioned Costs
-
Year
2023
Accepted
2026-03-16
Audit: 392081
Organization: Lake County (IN)

AI Summary

  • Core Issue: The County failed to manage costs within the required period of performance for the Emergency Rental Assistance Program, leading to noncompliance.
  • Impacted Requirements: Internal controls were inadequate, resulting in five out of seven expenditures being incurred after the grant period, totaling $155,813 in questioned costs.
  • Recommended Follow-Up: Establish a robust system of internal controls to ensure compliance with grant requirements and prevent future issues.

Finding Text

FINDING 2023-003 Subject: COVID-19 - Emergency Rental Assistance Program - Period of Performance Federal Agency: Department of the Treasury Federal Program: COVID-19 - Emergency Rental Assistance Program Assistance Listings Number: 21.023 Federal Award Number and Year (or Other Identifying Number): ERA-0359 Compliance Requirement: Period of Performance Audit Findings: Material Weakness, Modified Opinion INDIANA STATE BOARD OF ACCOUNTS 22 LAKE COUNTY SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Condition and Context The County received a federal Emergency Rental Assistance (ERA) Program grant, that was created during the COVID-19 pandemic, to help provide financial and housing stability assistance to eligible households to help prevent eviction and ensure stable housing. Recipients had a period of performance to incur costs that was between the start of the grant until September 30, 2022, for the Emergency Rental Assistance Program 1 (ERA1) and could be extended until December 29, 2022, if the recipient received reallocated funds from the Department of the Treasury. The County did receive reallocated funds from the Department of the Treasury; therefore, the County had until December 29, 2022, to incur costs for the ERA1 program. The costs that were incurred during the period of performance then had a liquation date of April 28, 2023. The County did not have internal controls in place to ensure costs were incurred within the grant period of performance and those costs incurred were properly paid by the liquidation date. Five out of seven of the expenditures tested, totaling $124,787, were for costs incurred after the period of performance. One expenditure included a December obligation to a subrecipient of $31,026, which was within the period of performance. But, the County did not pay the subrecipient by the liquidation date, so a total of $155,813 was paid after the liquidation date. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 2 CFR 200.403 states in part: "Except where otherwise authorized by statute, costs must meet the following general criteria in order to be allowable under Federal awards: . . . (h) Cost must be incurred during the approved budget period. The Federal awarding agency is authorized, at its discretion, to waive prior written approvals to carry forward unobligated balances to subsequent budget periods pursuant to § 200.308(e)(3)." Cause Due to turnover in the Economic Development Department and lack of knowledge of the period of performance dates of the ERA1 program, noncompliance went undetected by the County. Effect Noncompliance with the provisions of federal statutes, regulations, and terms and conditions of the federal award resulted in the request by the Department of the Treasury for the County to refund $154,945. INDIANA STATE BOARD OF ACCOUNTS 23 LAKE COUNTY SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Questioned Costs We identified $155,813 in known questioned costs as noted above in the Condition and Context. Recommendation We recommended that management of the County establish a system of internal controls to ensure compliance with period of performance requirements. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Corrective Action Plan

FINDING 2023-003 Finding Subject: COVID-19 Emergency Rental Assistance Program - Period of Performance Contact Person Responsible for Corrective Action: Timothy A. Brown Contact Phone Number and Email Address: 219-755-3225 brownta@lakecountyin.org Views of Responsible Officials: We concur with the finding with reservations on a portion of the Finding. Description of Corrective Action Plan: \ This program is completed and the period of performance is over therefore there is not a need to formally adopt any Corrective Action Plan. The Subrecipient Contractor that administered the program has agreed that this finding was due to their internal error in submitting administration invoices too late to be properly processed and approved by the County. They will be reimbursing the ERA1 fund for the error in the amount of $154,812.56 that will be sent back to the US Treasury. Reservation: The US Treasury required the local grant recipient to prosecute ERA1 fraud activities. There were two fraud cases that were prosecuted by our local attorney. His fees were then deducted from the ERA1 fund as administration costs. The grant recipient should not be penalized for doing as directed to prosecute fraud cases without being able to pay for the services rendered. We do not control the timelines of the local courts nor the responses/actions of the defendants delaying the actions beyond the Period of Performance. Anticipated Completion Date: None, no corrective action plan is necessary.

Categories

Allowable Costs / Cost Principles Subrecipient Monitoring Material Weakness Period of Performance Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1179664 2023-002
    Material Weakness Repeat
  • 1179666 2023-004
    Material Weakness Repeat
  • 1179667 2023-004
    Material Weakness Repeat
  • 1179668 2023-005
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $17.03M
93.563 CHILD SUPPORT SERVICES $4.51M
21.023 EMERGENCY RENTAL ASSISTANCE PROGRAM $2.58M
20.205 HIGHWAY PLANNING AND CONSTRUCTION $1.26M
97.056 PORT SECURITY GRANT PROGRAM $583,168
14.239 HOME INVESTMENT PARTNERSHIPS PROGRAM $396,435
66.469 GEOGRAPHIC PROGRAMS - GREAT LAKES RESTORATION INITIATIVE $136,435
16.575 CRIME VICTIM ASSISTANCE $95,685
97.042 EMERGENCY MANAGEMENT PERFORMANCE GRANTS $94,000
97.067 HOMELAND SECURITY GRANT PROGRAM $90,677
16.738 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM $85,604
14.218 COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS $81,000
16.588 VIOLENCE AGAINST WOMEN FORMULA GRANTS $80,020
10.555 NATIONAL SCHOOL LUNCH PROGRAM $66,341
16.606 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM $61,363
93.069 PUBLIC HEALTH EMERGENCY PREPAREDNESS $54,181
16.609 PROJECT SAFE NEIGHBORHOODS $44,319
16.111 JOINT LAW ENFORCEMENT OPERATIONS (JLEO) $35,460
16.922 EQUITABLE SHARING PROGRAM $34,850
10.553 SCHOOL BREAKFAST PROGRAM $32,993
11.419 COASTAL ZONE MANAGEMENT ADMINISTRATION AWARDS $26,800
21.019 CORONAVIRUS RELIEF FUND $22,257
93.940 HIV PREVENTION ACTIVITIES HEALTH DEPARTMENT BASED $15,405
93.788 OPIOID STR $14,000
97.012 BOATING SAFETY FINANCIAL ASSISTANCE $11,250
93.354 PUBLIC HEALTH EMERGENCY RESPONSE: COOPERATIVE AGREEMENT FOR EMERGENCY RESPONSE: PUBLIC HEALTH CRISIS RESPONSE $10,228