PORT COMMISSION AUDIT COMMITTEE MEETING MINUTES Page 2 of 3
FRIDAY, SEPTEMBER 13, 2019
Updates and Approvals – Status of 2019 Audit Plan:
The committee received a presentation from Mr. Fernandes that included the following information:
• There are four audits left for the year, these will be reported in early December.
• The audit team is planning to give a year-end report to the full commission at its December 10
meeting.
• All concession audit findings from the year have been reconciled, billed, and collected.
• All operational audit issues have been closed out.
• Information and Communications Technology still has some outstanding issues from audit findings
with resolution in progress.
Operational Audit – Concourse D Hardstand Holdroom:
The committee received a presentation from Mr. Bright, Ms. Zahn, and Mr. Anderson that included the
following information:
• The project went out to bid at 15 percent design as a design/build contract.
• This was a lump sum contract with some change orders.
• Engineering is monitoring the project to maintain industry standards and documenting the
communication between the port and contractors in detail.
• The general contractor hired a designer to complete the design. As it was nearing completion, it was
determined the initial building design was not code-compliant.
• The cost of the ensuing design change proposed by the contractor was $400,000. The amount
ultimately agreed upon was approximately $143,000.
• Management sent the consultant official notice of this additional cost in December 2017, but
reimbursement was not pursued in a timely manner. It was recommended that management work
with legal counsel to pursue collection options before the statute of limitations expires in May 2020.
In response to an inquiry from Commissioner Calkins about sending this fee to Accounting and Financial
Reporting for collection, Mr. Fernandes informed the committee that the matter had not yet reached that
stage.
Commissioner Steinbrueck asked about the consultant’s qualifications and whether they were adequate for
this job, given the severity of the error and the fact that the consultant’s error cost more than the amount of
their fee. Mr. Anderson responded that this contractor had done other work without issue and was already
under a contract.
Mr. Bright added that use of a lump-sum payment decreases transparency. This type of contract does not
have an audit clause, meaning the audit team cannot examine lump-sum projects.
Information Technology Audit – HIPAA Privacy and Breach Compliance:
The committee received a presentation from Mr. Fernandes, Mr. Klouzal, and Ms. Woodard that included the
following information:
• Data subject to HIPAA (Health Insurance Portability and Accountability Act) privacy rules are held
primarily within Human Resources.