Finding 1241654 (2025-001)

Material Weakness Repeat Finding
Requirement
F
Questioned Costs
-
Year
2025
Accepted
2026-11-05

AI Summary

  • Core Issue: The Center failed to secure required insurance for real property acquired with federal funds, exposing it to significant financial risk.
  • Impacted Requirements: Non-compliance with 2 CFR Part 200, specifically Article IV.F of the grant agreement, which mandates insurance coverage equivalent to that for owned property.
  • Recommended Follow-Up: Obtain necessary insurance, ensure written confirmation of coverage, and designate an individual to verify insurance status annually.

Finding Text

Finding Number: 2025-001 - Equipment and Real Property Management Program Name: Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Assistance Listing: 14.251 Award Number and Government Department/Agency: B-23-CP-NY-1118, U.S. Department of Housing and Urban Development Federal Award Period: 12/19/2024 - 8/31/2031 Criteria: Article IV.F of the grant agreement requires compliance with 2 CFR Part 200. Under 2 CFR 200.310, the non-federal entity must provide at minimum the equivalent insurance coverage for real property acquired with federal funds as it provides to property it owns. Condition: The Center acquired real property at 50 Spring Valley Road, Ossining, New York on April 15, 2025 at a cost of $1,542,213, funded entirely by the federal award. No property, hazard, or general liability insurance was in force with respect to the property at any time during the year ended December 31, 2025. Cause: The Center relied on third parties to place coverage and did not obtain written confirmation that coverage had been bound. No individual was assigned responsibility for verifying that insurance was in force. Effect or potential effect: Without insurance coverage in force, the Center was exposed to: - Uninsured loss of real property carried at $1,542,213. - Exposure of the federal interest in the property to loss. - Inability to carry out the purpose of the award following a casualty event. Questioned costs: None. Context: This is not a sampling-based finding. The condition applied to the entirety of the real property acquired under the award. Repeat finding: No. Recommendations: We recommend that the Center: - Obtain property, hazard, and general liability coverage naming the Center as insured. - Require written confirmation that coverage has been bound before relying on it. - Confirm insurance in force annually through a designated individual and report to the Board. Views of Responsible Officials: See management corrective action plan attached.

Corrective Action Plan

Finding: 2025-001 - Equipment and Real Property Management Condition Reported by the Auditor: No property, hazard, or general liability insurance coverage was in force with respect to the real property acquired with federal award funds during the year ended December 31, 2025. Corrective Action Planned: Ossining Community Garden of Dreams Legacy Center Inc. (OCGDLC) acknowledges the auditor's finding and has taken proactive steps to address the insurance coverage deficiency identified during the audit period. OCGDLC previously engaged insurance brokers and relied upon third-party professionals to facilitate coverage for the federally funded property. Despite ongoing efforts and awareness among management and the Board of Directors, OCGDLC subsequently determined that coverage had not been formally bound. To remedy this matter, OCGDLC has engaged two additional insurance brokers to secure appropriate property, hazard, and general liability coverage. One broker has obtained an insurance quotation, and additional underwriting information requested by the carrier was submitted on October 9, 2026. OCGDLC continues to actively pursue coverage and obtain written confirmation that the policies have been bound. OCGDLC will implement the following corrective measures: 1. Insurance Verification: Require written confirmation that insurance coverage has been formally bound, including appropriate policy documentation, before considering coverage effective. This verification will ensure that OCGDLC does not rely solely on broker communications or assurances without confirmation that coverage is in force. 2. Insurance Procurement Escalation Protocol: Establish a formal escalation procedure for insurance procurement delays. If coverage cannot be secured within 60 days of initiating the procurement process, management and the Board of Directors will review the barriers and assess alternative options. If coverage remains unresolved within 90 days, OCGDLC will pursue additional qualified brokers, carriers, or other appropriate insurance solutions. These timelines represent escalation thresholds and do not delay ongoing efforts to secure coverage. 3. Annual Insurance Compliance Review: OCGDLC has secured property insurance, commercial general liability insurance, and professional liability insurance through Donn Gerelli Associates Insurance Agency, Inc., with coverage effective October 16, 2026, through October 16, 2027. Certificates of insurance were issued on October 23, 2026, confirming that coverage is in force. To ensure continued compliance with applicable federal award requirements, OCGDLC will conduct an annual review of insurance coverage, policy limits, exclusions, renewal dates, and applicable federal requirements. This review will begin at least 90 days before policy expiration to allow sufficient time for renewal, necessary coverage adjustments, or alternative insurance arrangements. OCGDLC will maintain documentation of active coverage, renewal confirmations, and communications with its insurance broker as part of its compliance records. These corrective measures address the previously identified insurance deficiency and strengthen OCGDLC's internal oversight through documented insurance verification, defined procurement escalation procedures, and proactive renewal monitoring. Anticipated Completion Date: October 16, 2026 - Completed: OCGDLC successfully secured and bound property, commercial general liability, and professional liability insurance coverage for the October 16, 2026, through October 16, 2027, policy period. October 23, 2026 - Completed: OCGDLC received certificates of insurance confirming active coverage for the insured property and organizational operations. Ongoing: OCGDLC will maintain continuous insurance compliance monitoring, with the next annual renewal review beginning no later than July 16, 2027. Name and Title of Responsible Official: Diana E. Lemon Chief Executive Officer & Co-Founder Ossining Community Garden of Dreams Legacy Center Inc.

Categories

Equipment & Real Property Management Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1241655 2025-002
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.251 ECONOMIC DEVELOPMENT INITIATIVE, COMMUNITY PROJECT FUNDING, AND MISCELLANEOUS GRANTS $1.95M