Internal Audit Report DTG Operations, Inc D/B/A/Thrifty Rent-A-Car Lease and Concession Compliance Audit November 1, 2007 through October 31, 2009 Issue Date: April 05, 2011 Report No. 2011-03 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 Table of Contents Transmittal Letter .............................................................................................................. 3 Executive Summary .......................................................................................................... 4 Audit Scope and Audit Methodology............................................................................... 5 Conclusion ......................................................................................................................... 6 Schedule of Findings and Recommendations ................................................................ 7 1. Underreported Customer Facility Charge (CFC) 2. Concession Overpayment Schedule A --- Underreported CFC from Nov. 2007 to Oct. 2009 ............................................................. 9 Schedule B --- Concession Overpayment due to Local Customer from Nov. 2007 to Oct. 2008 ......... 10 2 Internal Audit DTG Operations, Inc. ar Rental; Agreement No. 592 DBA/Thrifty Car Transmittal Letter We have completed an audit of the Lease and Concession Agreement, Agreement, as amended, between the Port of Seattle and DTG Operations, Inc. (DBA/Thrifty Car Rental). The purpose of the audit was to determine whether: 1) Reported concession was complete, properly calculated, and remitted timely to the Port. 2) Port and the lessee complied with provisions of the Lease and Concession Agreement. 3) Lease and Concession Agreement Agreement, as amended, complies with applicable state and Port requirements. 4) Customer Facility Charges (CFC) were properly collected and remitted timely to the Port. Port We examined information related to a two-year period from November 1, 200 2007, through October 31, 2009. it using due professional care. We We planned and performed perf the audit to We conducted our audit obtain reasonable assurance as to compliance with significant provisions of the agreement agreement, including complete and timely reporting of concessionable revenues. revenues Conces agreement. Thrifty Car Rental materially complied with the terms of the Lease and Concession However, the audit disclosed underreported Customer Facility Charge (CFC) and a concession overpayment, as identified in the audit report. We extend our appreciation to the management and staff of Aviation Business Development, Development and Accounting ting & Financial Reporting for their assistance and cooperation during the audit. Joyce Kirangi, CPA Director, Internal Audit 3 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 Executive Summary Audit Scope and Objective The purpose of the audit was to determine the following: 1) Reported concession was complete, properly calculated, and remitted timely to the Port. 2) Port and the lessee complied with provisions of the Lease and Concession Agreement. 3) Lease and Concession Agreement, as amended, complies with applicable state and Port requirements. 4) Customer Facility Charges (CFC) were properly collected and remitted timely to the Port. We examined the books and records of Thrifty Car Rental for a two-year period from November 1, 2007 through October 31, 2009. Aviation Business Development, in conjunction with Accounting and Financial Reporting (AFR), has the primary responsibility for administering and monitoring the agreement to ensure compliance with agreed-upon terms. Agreement Terms The terms of the agreement provide for a Minimum Annual Guarantee (MAG) of 80% of the total amount paid to the Port in the previous agreement year. The agreement further requires a Percentage Fee of ten percent (10%) of Gross Revenue to be paid to the Port, or the Minimum Annual Guarantee whichever is greater. The following are the only agreed-upon deductions allowed in the agreement to concession: a. Any tax imposed or collected on behalf of a taxing authority. b. Any amounts received as insurance proceeds or for damage to vehicles or other property, or for loss, conversion or abandonment of such vehicles. c. The wholesale transfer of salvage vehicles. d. Non-revenue rentals to employees. e. Fees paid to other governmental agencies (excluding the Port). The MAG is payable in advance, on or before the first day of each month, without notice from the Port. The percentage fee, if applicable, is due on or before the 20th of the following month. For untimely payments, the agreement provides a one-time late fee of 5% of the overdue amount and interest to be accrued at the rate of 18% per annum from the due date until paid. Audit Result Summary Thrifty Car Rental materially complied with the terms of the Lease and Concession agreement. The audit; however, disclosed: 1) Underreported CFC, resulting in additional payments to the Port of approximately $26,145. 2) A concession overpayment of approximately $87,565 due back to Thrifty Car Rental for paying concession fee on local customers at the off-airport location. After offsetting the additional payments against the overpayment, the questioned amounts result in a net amount of $61,420 due back to Thrifty Car Rental. 4 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 Background The Port of Seattle entered into an agreement with Pacific Northwest Rental & Leasing d/b/a/Thrifty Car Rental (Pacific NW) dated November 8, 2004. The agreement was subsequently assigned to DTG Operations, Inc. (d/b/a Thrifty Car Rental) on February 1, 2007. The terms of the agreement provide for a Minimum Annual Guarantee (MAG) of 80% of the total amount paid to the Port in the previous agreement year. The agreement further requires a Percentage Fee of ten percent (10%) of Gross Revenue to be paid to the Port, or the Minimum Annual Guarantee whichever is greater. The MAG is payable in advance, on or before the first day of each month, without notice from the Port, and without setoff or deduction. The Percentage Fee, if applicable, is due on or before the 20th of the following month. For untimely payments, the agreement provides a one-time late fee of 5% of the overdue amount and interest to be accrued at the rate of 18% per annum from the due date until paid. Below are the financial highlights for the last four years: 2006 2007 2008 2009 Total Reported Gross Revenue $12,822,900 12,591,659 13,343,271 12,619,687 $51,377,517 Paid Concession $1,412,909 1,280,724 1,431,170 1,201,617 $5,326,420 Source: PROPWorks and PeopleSoft Audit Scope and Audit Methodology The scope of the audit covered the period of November 1, 2007 through October 31, 2009. To achieve our audit objective, we performed the following procedures: • • • • • • • Read and analyzed the lease agreement, as amended. Reviewed applicable state and local rules and regulations. Identified significant provisions in the agreement. Obtained necessary financial and non-financial data from the lessee. Assessed relevant risks associate with the agreement. Designed and executed audit procedures based on risk. Analyzed data (internal & external) to determine consistency, completeness, & compliance. This included performing the following additional procedures: o We reconciled the gross concession receipts reported to the Port to the lessee's accounting records (general ledger revenue and liability account). o We verified that concession fees were paid timely and intact. 5 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 o o o We recalculated concession revenue and related fees to ensure accuracy. We reviewed monthly totals of car rental days and calculated CFC that would have been due to the Port. We then compared the result to payment history We selected seven of twenty-four months that we deemed high risk and conducted further detailed audit of specific rental car agreements. Conclusion Thrifty Car Rental materially complied with the terms of the Lease and Concession agreement. The audit; however, disclosed: 1) Underreported CFC, resulting in additional payments to the Port of approximately $26,145. 2) A concession overpayment of approximately $87,565 due back to Thrifty Car Rental for paying concession fee on local customers at the off-airport location. After offsetting the additional payments against the overpayment, the questioned amounts result in a net amount of $61,420 due back to Thrifty Car Rental. 6 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 Schedule of Findings and Recommendations 1. Underreported Customer Facility Charge (CFC) Section 5.25.A of the agreement states, in part, that the company "...must collect the CFC at the time the first payment is made under a Rental Car Contract, and must remit the full amount of the CFC to the Port regardless of whether or not the full amount of such CFC is actually collected by the Concessionaire..." Section 5.25.B further states that "Concessionaire agrees that the CFC is not income, revenue or any other asset of Concessionaire; that Concessionaire has no ownership or property interest in such CFCs; and that Concessionaire hereby waives any claim to a possessory or ownership interest in the CFCs..." We reviewed rent days by month and calculated monthly CFC that would have been due to the Port. We compared the result to payment history and noted that the lessee did not report CFC completely. We observed that the lessee underpaid CFC in seven of twenty-four months reviewed. The underpaid CFC to the Port for the audit period was $17,382 in principle and $8,763 in financial charges for a grand total of $26,145. Recommendation We recommend Port management: • • Seek recovery of approximately $26,145 of underpaid CFC and interest charges. Consider reviewing fiscal years prior to the audit period for potential CFC underreporting. Management Response Aviation Business Development (ABD) agrees with Internal Audit's (IA) finding in Section 1 and will forward an invoice to Thrifty for $26,145 to collect the underreported CFC's and associated interest. In addition, ABD will request additional information from Thrifty to ascertain whether CFC's were paid correctly from the time the CFC was first implemented on 2/1/06. 2. Concession Overpayment Under Section 1.5, Airport Customer is defined to exclude "...any person who does not arrive through the Airport and enters into a motor vehicle rental agreement with Concessionaire at any of Concessionaire's rental car operations outside the Airport's boundary line..." These customers are commonly referred to as local customers. 7 Internal Audit DTG Operations, Inc. DBA/Thrifty Car Rental; Agreement No. 592 Thrifty Car Rental during the audit period had two locations subject to the terms of the agreement. One location is at the Airport, and other location is off airport and is outside the Airport's boundary. Rental agreements with local customers at the off-airport location should not have been subject to concession fee. However, we noted that Thrifty Car Rental reported and paid concession fee on all customers at the out-of-airport boundary. For the audit period, Thrifty Car Rental overpaid concession fee to the Port by approximately $87,565. Recommendation We recommend Port management: • Work with Thrifty Car Rental to determine the full extent of the potential overpayment to the Port. Management Response ABD agrees with the audit findings and will issue a credit to Thrifty of $87,565 accordingly. 8 ADDITIONAL AMOUNT DUE (CFC AND INTEREST) OR 1.5% PER MONTH INTEREST RATE ANNUALLY 18% OR 1.5% PER MONTJ 9,286 3,482 40 67,088 5,804 CFC PAYMENT REMITTED (OVER)/UNDER PAID NUMBER OF MONTHS ELASPED AS OF 2/28/2011 72,892 CFC PAYABLE 4 18,223 TOTAL NUMBER RENTAL DAYS DAILY CFC RATE 9,499 10,006 (1,282) OFF AIRPORT LOCATION ON AIRPORT LOCATION LOCAL CUSTOMERS (Non-airport user) 11/1/2007 469 173 39 56,384 296 56,680 4 14,170 7,005 8,167 (1,002) 12/1/2007 DTG OPERATIONS, INC (D/B/A THRIFTY CAR RENTAL) SCHEDULE A - UNDERREPORTED CFC FOR THE TWENTY-FOUR MONTHS ENDING OCTOBER 2009 INTEREST CALCULATED AS OF 02/28/2011 (380) 0 38 63,760 (380) 63,380 4 15,845 7,640 9,933 (1,728) 1/1/2008 9 12,207 4,123 34 91,844 8,084 99,928 4 24,982 13,612 13,748 (2,378) 5/1/2008 (72) 0 20 152,952 (72) 152,880 5 30,576 15,491 16,165 (1,080) 7/1/2009 4,553 968 18 139,050 3,585 142,635 5 28,527 12,318 16,820 (611) 9/1/2009 82 17 17 117,680 65 117,745 5 23,549 10,065 14,362 (878) 10/1/2009 26,145 8,763 688,758 17,382 706,140 155,872 75,630 89,201 (8,959) TOTAL Total Billings & Payment Concession Payable 85,444 - 85,444 MAG Payment 85,444 - 85,444 54,202 542,023 718,483 71,848 (39,621) 12/2007 581,644 (48,426) 11/2007 766,909 Concession Fee @10% Payable Less Local Revenue Grand Total Concessionable Report Gross 85,444 - 85,444 55,864 558,642 (73,712) 01/2008 632,354 85,444 - 85,444 58,389 583,890 (64,294) 02/2008 648,184 85,444 - 85,444 73,502 735,022 (73,552) 03/2008 808,574 DTG OPERATIONS, INC (D/B/A THRIFTY CAR RENTAL) SCHEDULE B - AMOUNT DUE BACK TO THRIFTY FOR THE TWELVE MONTHS FROM NOVEMBER 2007 THROUGH OCTOBER 2008 85,444 - 85,444 70,099 700,994 (83,937) 04/2008 784,931 95,354 9,910 85,444 86,678 866,779 (86,759) 05/2008 953,538 10 157,434 71,991 85,444 147,884 1,478,837 (95,509) 06/2008 1,574,346 202,005 116,561 85,444 190,957 1,909,575 (110,509) 07/2008 2,020,084 (875,529) b (177,944) h = d - g 90,379 i (87,565) j = h-i 410,020 f 1,025,325 e 1,257,402 d = c x 10% Overpaid Concession Fee Credit issued on LEASS-303309 Credit due to Thrifty 9,212 85,444 88,986 889,862 12,574,018 c =a + b (56,711) 10/2008 TOTAL 946,573 13,449,547 a 1,435,345 g = e + f 137,581 52,137 85,444 131,026 1,310,259 (65,559) 09/2008 1,375,817 94,656 235,653 150,210 85,444 227,965 2,279,652 (76,941) 08/2008 2,356,593