OFFICE OF THE AUDITOR

Similar documents
OFFICE OF THE AUDITOR

OFFICE OF THE AUDITOR

OFFICE OF THE CITY AUDITOR

OFFICE OF THE CITY AUDITOR

Audit Follow-Up. Audit of City Lease Administration (Report #0917, Issued July 22, 2009) As of September 30, Summary

March 14, 2003 Report No. 570

Audit Follow-Up. Audit of City Lease Administration (Report #0917, Issued July 22, 2009) Report #1019 June 16, As of March 31, 2010.

Audit of City Lease Administration

Final Audit Follow-Up

INTERNAL AUDIT REPORT

Auditor General s Office

INTERNAL AUDITOR S REPORT

CORPORATION TO DEVELOP COMMUNITIES OF TAMPA, INC. AUDIT MAY 3, 2016

August 8, Re: Audit of Grove Harbour Marina for the period January 1, 2009 through December 31, 2013 Audit No

State of New York Office of the State Comptroller Division of Management Audit and State Financial Services

Orange County Auditor-Controller

Office of the City Auditor. Audit Report. AUDIT OF CODE ENFORCEMENT FOR MULTI-TENANT PROPERTIES (Report No. A08-002) October 26, 2007.

A REPORT FROM THE OFFICE OF INTERNAL AUDIT PRESENTED TO THE CITY COUNCIL CITY OF BOISE, IDAHO

STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER 110 STATE STREET ALBANY, NEW YORK 12236

Internal Audit Department

Internal Audit Department

Maryland Agricultural Land Preservation Fund

December 28, Mr. John R. Koelmel Chairman New York Power Authority 123 Main Street White Plains, NY

Hillwood Master Disposition & Development Agreement Audit - #809 Executive Summary

Department of Information Technology (DoIT) Department of State Police (DSP) Department of Natural Resources (DNR)

Ken Wade, Eileen Fitzgerald, Jeffrey Bryson and Michael Foster. From: Frederick Udochi. Michael Butchko, Robert Burns, Ron Johnston, Mia Bowman

Audit Review of Leases & Leasehold Improvements including a recap of the Headquarters Office Relocation

City of New York OFFICE OF THE COMPTROLLER. Scott M. Stringer COMPTROLLER AUDIT AND SPECIAL REPORTS

Internal Audit. Orange County Auditor-Controller. Revenue Generating Lease Audit: OC Community Resources/OC Parks Canyon R.V./Featherly Park, PR09B-16

Performance, Audit and Review Group Strategy and Plans

INTERNAL AUDIT DIVISION CLERK OF THE CIRCUIT COURT FOLLOW-UP AUDIT OF BUILDING PERMITS

PART 2.7 DEPARTMENT OF GOVERNMENT SERVICES REAL ESTATE REGULATION

Denver Affordable Housing Performance Audit

January 16, Ms. Carmen Fariña Chancellor New York City Department of Education 52 Chambers Street New York, NY 10007

Independent Auditor s Report on Applying Agreed-Upon Procedures for the Patriot s Crossing Development

Audit Report. Parks and Recreation Tennis Division Cashiering/Revenue Controls Report #0617 June 14, Summary

Vacancies at the Clinton Towers Mitchell-Lama Housing Development New York City Department of Housing Preservation and Development

Arlington County, Virginia. Internal Audit of the Real Estate Assessment Appeals Process Calendar Year Ended December 31, 2014

Internal Audit Report

SALEM MUNICIPAL AIRPORT MCNARY FIELD. Airport Lease Policy

City of West Palm Beach Internal Auditor s Office

Internal Audit Report

A REPORT BY THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER

COUNTY OF MONTEREY AUDITOR-CONTROLLER DEPARTMENT INTERNAL AUDIT DIVISION NATIVIDAD MEDICAL CENTER MEDICAL OFFICE BUILDING REVIEW

Office of the City Auditor. Audit Report

Report on Inspection of Ferlita, Walsh, Gonzalez & Rodriguez, P.A. (Headquartered in Tampa, Florida) Public Company Accounting Oversight Board

Real Estate Acquisitions Audit (Green Line LRT Stage 1)

An Audit Report on PROPERTY MANAGEMENT AND TENANT SERVICES. January 2019 Project #

INTERNAL AUDIT DIVISION CLERK OF THE CIRCUIT COURT

SAN FRANCISCO WATER DEPARTMENT AND HETCH HETCHY WATER AND POWER. Statement of Changes in the Balancing Account. June 30, 2007

REPORT 2014/050 INTERNAL AUDIT DIVISION. Audit of United Nations Human Settlements Programme operations in Sri Lanka

Sonoma County Public Administrator/Public Guardian/Public Conservator Agency Fund

Department of the Environment

Clerk of the Circuit Court Board of County Commissioners Marion County

CITY OF PHILADELPHIA OFFICE OF THE CITY CONTROLLER Philadelphia, Pennsylvania LAW DEPARTMENT REVIEW OF CONTRACT COMPLIANCE PROCEDURES APRIL 2011

The following addendum to this Request for Proposal is hereby incorporated into the bid process.

New York City Department of Education

AUDITING THE SHERIFF S OFFICE PROPERTY ROOM

SEMINOLE COUNTY AUDIT OF TANGIBLE PERSONAL PROPERTY REPORT NO February 2006

Third Party Billing Regulation Seattle Municipal Code (SMC) 7.25

August 8, 2017 AUDIT OF CITY AGREEMENTS WITH CASCADES HOLDINGS, LLC (THE EDISON)

HOUSING AUTHORITY OF THE CITY OF LAKE CHARLES

Inspection of Liebman Goldberg & Hymowitz LLP (Headquartered in Garden City, New York) Public Company Accounting Oversight Board

Report of the Independent Auditor

Report on Inspection of Schneider Downs & Co., Inc. (Headquartered in Pittsburgh, Pennsylvania) Public Company Accounting Oversight Board

This Exhibit IS NOT subject to red-line edit. Exhibit B Available Services

Audit of Property Accountability

Title: Government-Furnished Property

LAND LEASE COMPLIANCE IN DANA POINT HARBOR SUMMARY

Office of the City Auditor. Audit of the Office of the Real Estate Assessor

Internal Audit Department

Inspection of Lynda R. Keeton CPA, LLC (Headquartered in Henderson, Nevada) Public Company Accounting Oversight Board

MAP. METHODS AND ASSISTANCE PROGRAM 2013 REPORT Liberty County Central Appraisal District. Susan Combs Texas Comptroller of Public Accounts

Final Report Taxpayer Complaint. Teller County

Internal Audit. Orange County Auditor-Controller. Revenue Generating Lease Audit OC Community Resources/OC Parks - Mile Square Golf Course (PR37A-152)

Inspection of ZAO Deloitte & Touche CIS (Headquartered in Moscow, Russian Federation) Public Company Accounting Oversight Board

SACRAMENTO COUNTY DEPARTMENT OF AIRPORTS

APPRAISAL MANAGEMENT COMPANY

MAP. METHODS AND ASSISTANCE PROGRAM 2013 REPORT Real County Appraisal District. Susan Combs Texas Comptroller of Public Accounts

COUNTY OF VOLUSIA, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2009

Introduction of the Authority Online Housing Credit Management System (HCMS)

Internal Audit. Orange County Auditor-Controller. Revenue Generating Lease Audit: OC Community Resources/OC Parks Ocean Institute, HA78H , -134

Report on Inspection of KBL, LLP (Headquartered in New York, New York) Public Company Accounting Oversight Board

Report on Inspection of Kyoto Audit Corporation (Headquartered in Kyoto, Japan) Public Company Accounting Oversight Board

Inspection of Amisano Hanson, Chartered Accountants. Public Company Accounting Oversight Board

SAN JOSE CAPITAL OF SILICON VALLEY

MAP. METHODS AND ASSISTANCE PROGRAM 2013 REPORT McLennan County Appraisal District. Susan Combs Texas Comptroller of Public Accounts

Report on Inspection of Seale and Beers, CPAs, LLC (Headquartered in Las Vegas, Nevada) Public Company Accounting Oversight Board

Report on Inspection of Spicer Jeffries LLP (Headquartered in Greenwood Village, Colorado) Public Company Accounting Oversight Board

Inspection of Robert T. Taylor, CPA (Headquartered in Bothell, Washington) Public Company Accounting Oversight Board

MAP. METHODS AND ASSISTANCE PROGRAM 2013 REPORT Hood County Appraisal District. Susan Combs Texas Comptroller of Public Accounts

AMC Track Presentation Austin Christensen Founder & CCO - Validox. Appraisal Manager Compliance Techniques

The Dallas City Code ARTICLE XI. HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR HISTORIC PROPERTIES.

Inspection of Davie Kaplan, CPA, P.C. (Headquartered in Rochester, New York) Public Company Accounting Oversight Board

Report on Inspection of KPMG Cardenas Dosal, S.C. (Headquartered in Mexico City, United Mexican States)

BALLSTON PUBLIC PARKING GARAGE FUND (An Enterprise Fund of Arlington County, Virginia)

STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

Office of Inspector General. The School District of Palm Beach County. Case No Issue: Leasing. Location: Gove Elementary INVESTIGATIVE REPORT

E. 17th FOR SALE - $6,490,000

Transcription:

OFFICE OF THE AUDITOR DEPARTMENT OF AVIATION REVENUE AND CONTRACT COMPLIANCE AUDIT JULY 2008 Dennis J. Gallagher Auditor

Dennis J. Gallagher Auditor City and County of Denver 201 West Colfax Ave., Dept. 705 Denver, Colorado 80202 720-913-5000, FAX 720-913-5247 www.denvergov.org/auditor July 17, 2008 Ms. Kim Day, Manager Department of Aviation City and County of Denver Ms. Mary Dyer CA Concessions of Colorado 8400 Pena Boulevard Room 4766 Denver, CO 80249 Dear Ms. Kim Day and Ms. Mary Dyer: Attached is the Auditor s Office Audit Services Division s revenue and contract compliance audit of CA Concessions of Colorado s operations at Denver International Airport. The audit period was for the year ended December 31, 2007. The purpose of the audit was to determine whether CA Concessions of Colorado and the City and County of Denver complied with the terms and conditions of the contracts and whether internal controls were adequate. The audit identified a reportable condition which is fully described in the accompanying report. If you have any questions, please call Kip Memmott, Director of Audit Services, at 720-913-5029. Sincerely, cc: Dennis J. Gallagher Auditor Honorable John Hickenlooper, Mayor Honorable Members of City Council Members of Audit Committee Kelly Brough, Chief of Staff Claude Pumilia, Chief Financial Officer Chris Henderson, Chief Operating Officer David Fine, City Attorney Lauri Dannemiller, Executive Staff Director, City Council Beth Machann, Controller Stan Koniz, Deputy Manager of Aviation for Business and Technologies Patrick Heck, Deputy Manager of Aviation for Revenue Management and Business Development Pete Gingras, Assistant Deputy Manager of Aviation/Property Management Bryan Touchstone, Assistant Deputy Manager/Concessions Management To promote open, accountable, efficient and effective government by performing impartial reviews and other audit services that provide objective and useful information to improve decision making by management and the people. We will monitor and report on recommendation and progress towards their implementation. 1

TABLE OF CONTENTS Transmittal Letter 1 Table of Contents 2 Auditor s Report 3 Executive Summary 4 Background, Scope, Objective, and Methodology 5 Finding and Recommendations 7 Exhibit A Department of Aviation Response 10 Exhibit B CA Concessions of Colorado Response 12 2

Dennis J. Gallagher Auditor City and County of Denver 201 West Colfax Ave., Dept. 705 Denver, Colorado 80202 720-913-5000, FAX 720-913-5247 www.denvergov.org/auditor AUDITOR S REPORT We have completed a revenue and contract compliance audit of CA Concessions of Colorado and the Department of Aviation for the year ended December 31, 2007. The purpose of the audit was to determine whether CA Concessions of Colorado and the Department of Aviation complied with the terms and conditions of the contracts, complied with City rules and regulations, and whether internal controls were adequate. This audit was included in the Auditor s Office Internal Audit Division s 2007 Annual Audit Plan and is authorized pursuant to the City and County of Denver Charter, Article V, Section 1, General Powers and Duties of the Auditor. We conducted this audit in accordance with generally accepted government auditing standards. Audit standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. As a result of our audit, we determined that the concessionaire was occupying space and operating without a written agreement. Additionally, we documented a lack of written controls over the contract process at Denver International Airport. We extend our appreciation to Airport personnel who assisted and cooperated with us during the course of our examination. Audit Services Division Date: July 17, 2008 Staff: Dick Wibbens, CPA, Audit Manager Marcus Richardson, CICA, Internal Audit Supervisor Kristin Donald, Senior Internal Auditor Kip Memmott, CGAP, CICA Director of Audit Services To promote open, accountable, efficient and effective government by performing impartial reviews and other audit services that provide objective and useful information to improve decision making by management and the people. We will monitor and report on recommendation and progress towards their implementation. 3

EXECUTIVE SUMMARY FOR THE YEAR ENDED DECEMBER 31, 2007 This summary highlights the finding of this revenue and contract compliance audit, which is more fully described in the Finding and Recommendations section beginning on page 7. Exhibits A and B starting on page 10 contain the responses from the Department of Aviation and CA Concessions of Colorado to our finding. 1. Concessionaire Operating at Denver International Airport Without Written Agreements CA Concessions occupied space and operated at DIA without a written agreement for several years, largely because the DIA lacks effective controls for monitoring contracts and space at the airport and lacks written procedures for governing this area. We found CA Concessions owes the City $49,219 for the storage space on Concourse A. Both the Department of Aviation and CA Concessions are in violation of Sections 5-13 (a) of the City Charter and 30.02 of the Airport Rules and Regulations. As a result, the City is susceptible to fraud and may have lost significant revenues. We recommend that the Department improve controls over contract administration and space management. 4

BACKGROUND, SCOPE, OBJECTIVE AND METHODOLOGY FOR THE YEAR ENDED DECEMBER 31, 2007 Background CA Concessions of Colorado (CA Concessions) has agreements and leases for retail, office and storage space at the Denver International Airport (DIA). The agreements require CA Concessions to pay the City a percentage of their annual gross revenues derived from operations at DIA or a minimum annual guaranteed amount, whichever is greater. The agreements require timely rent and concession fee payments for leased spaces or additional interest charges may apply. The airport also charges additional fees for utilities, security screening and airport identification badges. Below is a listing of the food and beverage operations and space occupied by CA Concessions at DIA: Contract Name- Location Effective Expiration AC 39030 Lefty's Colorado Trails Bar and Grille-Concourse A 12/29/93 07/31/14 AC 39032 Lefty's Front Range Grille- Concourse C 12/29/93 07/31/14 AC 39031 Lefty's Mile High Grille- Concourse A 12/29/93 02/28/15 AC 39029 Red Rocks Bar- Terminal 12/29/93 02/28/15 AR 78005 Schlotskys- Concourse A 03/12/07 11/30/14 AR 58001 The Coffee Beanery- Concourse B 11/01/05 04/30/13 AirMeals- Concourse C AC 49007 Office- Terminal 07/07/94 02/28/05 AC 58000 Storage- Terminal 02/28/95 02/28/15 AC 78001 Storage- Terminal 12/29/97 02/28/15 AC 47006 Storage- Concourse A 03/30/94 07/31/14 AC 49002 Storage- Concourse B 03/28/94 02/28/15 AC 49006 Storage- Concourse C 07/12/94 07/31/14 Storage- Concourse A Scope Our audit of CA Concessions covers the year ended December 31, 2007 and is limited to determining compliance with agreements and compliance with City rules and regulations. The procedures performed included a determination of compliance with the contracts and rules and regulations and review of internal controls related to financial information reported to the Department of Aviation for this audit period. Objective The objective of this audit was to determine whether CA Concessions properly reported gross revenue and paid the proper fee and rent amounts to the City in accordance with contract 5

BACKGROUND, SCOPE, OBJECTIVE, AND METHODOLOGY requirements. Additionally, audit work assessed whether the Department of Aviation and CA Concessions complied with other terms and conditions of the contracts and applicable City rules and regulations. Methodology To meet the audit objectives, we utilized several methodologies. These evidence gathering and analysis techniques included, but were not limited to: Verified and recalculated percentage compensation, rentals, fees, and charges; Reviewed and determined timeliness of cash receipts and determined delinquent interest due; Performed various tests of gross revenue; Reviewed internal controls; Verified evidence of insurance and performance bonds requirements; Performed onsite physical observations, conducted interviews, and discussed with management and staff of CA Concessions and DIA; and Reviewed contracts and City rules and regulations. 6

FINDING AND RECOMMENDATIONS FOR THE YEAR ENDED DECEMBER 31, 2007 1. Concessionaire Operating at DIA without Written Agreements Audit work revealed that CA Concessions of Colorado was operating concessions and occupying space at DIA without written agreements. This situation violates City Charter requirements and DIA rules and regulations. Specifically, Section 5-13 subsection (a) of the City Charter states, It shall be unlawful for any person to conduct any business or concession upon Denver Municipal Airport System without first obtaining a written permit from the manager of aviation issued pursuant to rules and regulations of operation, management and control of the airport, or alternatively receiving a written contract from the manager of aviation. Additionally, Airport Rules and Regulations (30.02) state: No person shall conduct business, concession or commercial activity upon the Airport without first obtaining a written permit or contract from the manager. Audit work identified the following specific control issues related to contract administration and space management pertaining to CA Concessions of Colorado. Operating Concessions without a Written Permit or Contract - During our testwork of concession fee revenue, we observed that, while the company paid a concession fee for AirMeals sold on Concourse-C at the airport, there was no written agreement identifying payment terms and fees. Specifically, CA Concessions paid 10% of the gross revenue for this location and reported revenue daily as part of the Daily Revenue Program and submitted a certified annual statement as required by similar contracts CA Concessions has with the City. The company had a temporary permit to operate from September 1, 2003 to December 31, 2003. However, the company did not cease operations at the location until October 2007. The Department could not provide a written agreement for the company to operate at the airport for that space after the expiration date of the initial permit through October 2007. Occupying Space without a Written Permit or Contract Audit work determined that CA Concessions occupies storage space on Concourse A at DIA without a written agreement related to the usage of the space. Specifically, The Department constructed the 2,625 square foot space for the company to use for storage space. The Company moved into the storage space in April 2007. However, the company did not make any payments to DIA for the use of the space from April through December 2007. Accordingly, the DIA Rules and Regulations (120.13) establish the rate per square foot for storage at concourse A at $25. Therefore based on the square footage of the space (2,625 square feet), the DIA square foot rate ($25), the company owes the City $49,219 for the nine months it occupied the space during 2007. Occupying Space Under an Expired Contract - Audit work also identified a situation where the company occupied other space at DIA where while an original written agreement was executed, the agreement had expired and was not renewed. Specifically, the original contract expired on February 28, 2005. However, even though the expired contract included a hold over clause which gives the City the right to charge 150% of the rent amount until the lease is renewed, DIA continued to bill and the company continued to pay the standard rent amount for more than two 7

FINDING AND RECOMMENDATIONS years after the agreement had expired (see the difference of actual rent paid compared to potential rent due per the hold over clause in the table below): Rent- Office Space- Terminal Hold Over Clause Amounts Paid Difference Contract Expired 2/28/05 to 12/31/05 49,589.00 29,170.00 20,419.00 During expiration period 1/1/06 to 12/31/06 52,506.00 35,004.00 17,502.00 During expiration period 1/1/07 to 12/31/07 52,506.00 35,004.00 17,502.00 154,601.00 99,178.00 55,423.00 Several Factors Contributed to Inadequate Oversight - Audit work determined that the following internal control weaknesses hindered DIA management from identifying this issue: Lack of written policies and procedures; Inadequate oversight of contracts by DIA; Inadequate monitoring of space usage by DIA; and Failure of vendor to notify DIA that agreements were expired or not in place. Lack of Written Agreements Negatively Impacts City - The lack of controls resulted in several negative effects. These include: Loss of Revenue; Legal Liability Exposure; Increased Susceptibility to Fraud; and Lack of Proper Safeguarding of City s assets. Recommendation: 1. The Department of Aviation should ensure compliance to the City Charter and Airport Rules and Regulations by establishing a comprehensive policies and procedures manual and provide training to appropriate staff to address all recommended items noted below and other aspects of the properties management function: a. Developing written procedures to monitor continuation and termination of operation. The procedures should include a process for notifying companies when agreements are about to expire and for observing and documenting that rented space is no longer occupied after agreements expire. If the space is still occupied after expiration, the defined amounts stated in hold over section of the contract should be billed until the contract is renewed or terminated.; b. Developing written procedures for leasing a new space by requiring a written agreement which includes the amount of the rent to be paid before the space is occupied; and c. Developing a procedure to periodically review rented space at DIA. 8

FINDING AND RECOMMENDATIONS 2. The Department of Aviation should enter into a written agreement for the storage space on Concourse A. Additionally, DIA should a bill and collect rent for the storage space and charge any interest due. 3. DIA should exercise its right to charge 150% of the rent amount per the hold over section of the contract for the office space or renew the lease with a new contract or amendment. See Exhibits A and B starting on page 10 for responses 9

EXHIBIT A DEPARTMENT OF AVIATION RESPONSE 10

EXHIBIT A DEPARTMENT OF AVIATION RESPONSE 11

EXHIBIT B CA CONCESSIONS OF COLORADO RESPONSE 12

EXHIBIT B CA CONCESSIONS OF COLORADO RESPONSE 13