Finding 1150283 (2023-002)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2025-08-19
Audit: 364492
Organization: City of Tenino (WA)

AI Summary

  • Core Issue: The City lacked adequate internal controls and did not comply with federal wage rate requirements for contractors working on federally funded projects.
  • Impacted Requirements: Failure to include wage rate provisions in contracts and collect certified payroll reports led to material noncompliance with federal regulations.
  • Recommended Follow-Up: Develop internal controls to ensure compliance, including contract provisions for wage rates, weekly certified payroll collection, and staff training on federal requirements.

Finding Text

The City did not have adequate internal controls and did not comply with federal wage rate requirements. Assistance Listing Number and Title: 14.218 Community Development Block Grants/Entitlement Grants Federal Grantor Name: Assistant Secretary for Community and Development, Housing, and Urban Development, Department of Housing and Urban Development Federal Award/Contract Number: CDBG-24-QP/CDBG-2024-QH Pass-through Entity Name: Thurston County Pass-through Award/Contract Number: 1920.CDBG.BGPF.Tenino.House Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background The primary objective of the Community Development Block Grants/Entitlement Grants (CDBG) programs is to help provide decent and affordable housing, particularly for people with moderate, low and very low incomes. Funds also help recipients implement strategies for achieving an adequate supply of decent housing and providing suitable living environments and expanded economic opportunities for people with low incomes. The purpose of the City’s renovation was to enhance safety and improve the operational efficiency of the Quarry Pool in preparation for its reopening. The project qualifies as an eligible CDBG activity under 24 CFR 570.201(c) – Improvements to a Public Facility. In 2023, the City spent $690,454 for its CDBG program. Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Under federal wage rate requirements, also known as the Davis-Bacon Act, contractors and subcontractors that work on projects financed with more than $2,000 of federal funds must pay laborers and mechanics wage rates that the U.S. Department of Labor considers similar to what local workers have been paid for similar projects. For construction contracts subject to these wage rate requirements, the City must include a provision that the contractors and subcontractors must comply with those requirements and the Department of Labor’s regulations. This includes a requirement that the contractors and their subcontractors must submit certified payrolls reports to the City weekly, for each week that laborers performed contract work. These reports must include a copy of the payroll and a signed statement of compliance. Description of Condition During fiscal year 2023, the City spent $582,000 for payments to two contractors for the rehabilitation and modernization of the interior areas of the Quarry House and Pool to make it more usable, comfortable and accessible to the public. The City made interior improvements to the house and replaced the pool’s falling wall. Our audit found the City lacked adequate internal controls for ensuring compliance with federal wage rate requirements. Specifically, the City did not: -Include the required wage rate provisions in the contracts - Collect federal weekly certified payroll reports from the contractors to confirm the City paid laborers the proper prevailing wages We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition City staff did not know about the federal wage rate contract clause requirement nor the requirement to obtain all certified payroll reports each week. Effect of Condition Without adequate internal controls to ensure it includes the wage rate clauses in its contracts and collects all weekly certified payroll reports, the City cannot demonstrate it complied with federal wage rate requirements. Additionally, because the City did not notify the contractors that the project was federally funded, the contractors submitted state-certified payroll reports instead of federal-certified payroll reports. The City could also be liable for paying any additional wages if the contractors did not pay prevailing wage rates to laborers working on the contracts. The City did not include federal wage rate provisions in its contracts and did not collect weekly certified payroll reports for two contractors. Recommendation We recommend the City develop internal controls to ensure compliance with federal wage rate requirements. This should include inserting wage rate clauses into contracts and obtaining the federal-certified payroll reports, as well as implementing effective monitoring processes to collect and review all weekly certified payroll reports from contractors and subcontractors. Additionally, we recommend the City provide training to ensure staff overseeing compliance with federal programs are aware of all applicable requirements. City’s Response In response to the Single Audit of the City of Tenino from January 1, 2023- December 31, 2023. We appreciate the thoroughness and professionalism with which the audit was conducted, and we acknowledge receipt of the audit findings. The City of Tenino is committed to ensuring compliance, transparency, and adherence to best practices in all aspects of our operations. Your audit report has been instrumental in identifying areas where improvements can be made, and we are dedicated to implementing these improvements promptly. The City was previously unaware of the requirement to include a provision in contracts regarding the federal wage requirements known as the Davis-Bacon Act. In addition, the City had no process to ensure weekly certified payrolls from contractors confirming laborers were paid the proper prevailing wages. As stated in our Corrective Action plan included with our response, the City will ensure language in future contracts includes the required wage rate provisions. The City will also require weekly certified payroll reports from contractors and require all necessary reports be submitted prior to billing payment. Auditor’s Remarks We appreciate the steps the City is taking to resolve this issue. We will review the corrective action taken during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 29 CFR, Section 3.3 – Weekly statement with respect to payment of wages, and Section 3.4 – Submission of weekly statements and the preservation and inspection of weekly payroll records, establishes requirements for contractor or subcontractor submission of weekly certified payroll reports. Title 29 CFR, Section 5.5 – Contract provisions and related matters establishes the requirements for the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part with federal funds the clauses listed, which includes but is not limited to the minimum wages to be paid and payrolls and basic records to be maintained (submission of weekly certified payrolls).

Categories

Subrecipient Monitoring Internal Control / Segregation of Duties Special Tests & Provisions Allowable Costs / Cost Principles Material Weakness Reporting

Other Findings in this Audit

  • 573841 2023-002
    Material Weakness
  • 573842 2023-002
    Material Weakness
  • 1150284 2023-002
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
14.218 Community Development Block Grants/entitlement Grants $222,553
21.027 Covid 19 - Coronavirus State and Local Fiscal Recovery Funds $94,530
97.137 State and Local Cybersecurity Grant Program Tribal Cybersecurity Grant Program $12,658