Finding 1173970 (2025-002)

Material Weakness Repeat Finding
Requirement
M
Questioned Costs
-
Year
2025
Accepted
2026-02-17
Audit: 387586
Organization: City of Tustin (CA)
Auditor: DAVIS FARR LLP

AI Summary

  • Core Issue: The City’s agreement with the subrecipient lacked necessary language for compliance with federal requirements, risking noncompliance.
  • Impacted Requirements: 2 CFR §200.332(a) mandates that subaward agreements include federal compliance terms, which were missing in this case.
  • Recommended Follow-Up: The City should identify all federal expenditures and ensure all subrecipients are formally notified of their compliance responsibilities moving forward.

Finding Text

Condition: The City entered into a written agreement with a subrecipient; however, the agreement did not include language requiring the subrecipient to compliance with the Uniform Guidance. As a result, the subrecipient was not formally notified of its responsibility to adhere to federal administrative, cost, and audit requirements. Criteria: 2 CFR §200.332(a) requires pass-through entities to ensure that subaward agreements include all required federal award information and clearly identify applicable federal statutes, regulations, and terms and conditions, including compliance with Uniform Guidance (2 CFR Part 200). Cause: The City had a preexisting agreement with an entity who later became a subrecipient of federal grant pass-through funds. The City did not amend their agreement to include the required components after receiving the grant nor report the funds as federal revenues or expenditures in the City’s financial statements. Effect or Potential Effect: Without a formal subaward agreement, the pass-through entity lacks assurance that the subrecipient understands and complies with applicable federal requirements, increasing the risk of noncompliance, improper use of federal funds, and questioned costs. The subrecipient may also not be aware of their responsibility to report the related federal expenditures on the subrecipient’s schedule of expenditures of federal awards. Questioned Costs: None. Recommendation: We recommend that the City identify all federal expenditures and passthrough awards and notify all subrecipients of their receipt of federal awards by identifying the award granted, specific compliance requirements passed-through and other requirements of 2 CFR 200.332. Management’s Comments Regarding Corrective Actions Planned: Management agrees with the finding. The City had a preexisting agreement with the subrecipient for a project that was already in progress when the federal grant was awarded. The subrecipient had in-depth involvement during the federal grant application process and is aware of specific compliance requirements under the Uniform Guidance (2 CFR Part 200). We will make sure that all future subrecipients of pass-through federal grants are notified in writing of the responsibility to adhere to federal administrative, cost, and audit requirements.

Corrective Action Plan

Corrective Action Plan: Management agrees with the finding. The City had a preexisting agreement with the subrecipient for a project that was already in progress when the federal grant was awarded. The subrecipient had in-depth involvement during the federal grant application process and is aware of specific compliance requirements under the Uniform Guidance (2CFR Part 200). We will make sure that all future subrecipients of pass-through federal grants are notified in writing of the responsibility to adhere to federal administrative, cost, and audit requirements.

Categories

Subrecipient Monitoring

Programs in Audit

ALN Program Name Expenditures
12.113 STATE MEMORANDUM OF AGREEMENT PROGRAM FOR THE REIMBURSEMENT OF TECHNICAL SERVICES $32.94M
66.468 DRINKING WATER STATE REVOLVING FUND $10.00M
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $3.22M
14.218 COMMUNITY DEVELOPMENT BLOCK GRANTS/ENTITLEMENT GRANTS $582,712
20.608 MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED $85,349
20.600 STATE AND COMMUNITY HIGHWAY SAFETY $46,795
97.036 DISASTER GRANTS - PUBLIC ASSISTANCE (PRESIDENTIALLY DECLARED DISASTERS) $45,438
16.607 BULLETPROOF VEST PARTNERSHIP PROGRAM $11,229
16.738 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM $9,052