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State of Arizona Office of the Auditor General PERFORMANCE AUDIT Report to the Arizona Legislature By Debra K. Davenport Auditor General August 2000 Report No. 00-11 ARIZONA OFFICE OF TOURISM The Auditor General is appointed by the Joint Legislative Audit Committee, a bipartisan committee composed of five senators and five representatives. Her mission is to provide independent and impar-tial information and specific recommendations to improve the operations of state and local government entities. To this end, she provides financial audits and accounting services to the state and political subdivisions and performance audits of state agencies and the programs they administer. The Joint Legislative Audit Committee Representative Roberta L. Voss, Chairman Senator Tom Smith, Vice-Chairman Representative Robert Burns Senator Keith Bee Representative Ken Cheuvront Senator Herb Guenther Representative Andy Nichols Senator Darden Hamilton Representative Barry Wong Senator Pete Rios Representative Jeff Groscost Senator Brenda Burns (ex-officio) (ex-officio) Audit Staff Melanie Chesney—Manager and Contact Person (602) 553-0333 Suzanne Marette—Audit Senior Ryan Curtis—Staff Cathleen Akers—Staff William Parker—Staff Copies of the Auditor General’s reports are free. You may request them by contacting us at: Office of the Auditor General 2910 N. 44th Street, Suite 410 Phoenix, AZ 85018 (602) 553-0333 Additionally, many of our reports can be found in electronic format at: www.auditorgen.state.az.us 2910 NORTH 44th STREET • SUITE 410 • PHOENIX, ARIZONA 85018 • (602) 553-0333 • FAX (602) 553-0051 DEBRA K. DAVENPORT, CPA AUDITOR GENERAL STATE OF ARIZONA OFFICE OF THE AUDITOR GENERAL August 23, 2000 Members of the Legislature The Honorable Jane Dee Hull, Governor Mr. Mark McDermott, Director Arizona Office of Tourism Transmitted herewith is a report of the Auditor General, A Performance Audit of the Arizona Office of Tourism. This report is in response to a June 16, 1999, resolution of the Joint Legislative Audit Committee. The performance audit was conducted as part of the Sunset review set forth in A.R.S. §41-2951 et seq. I am also transmitting with this report a copy of the Report Highlights for this audit to provide a quick summary for your convenience. As outlined in the last page of its response, the agency states that it agrees with and will implement 15 of the 16 report recommendations. However, given the positions outlined in the body of the agency response, it is clear that the agency does not accept this report’s findings, including those involving statutory violations. Further, the agency response contains some statements that are inaccurate or misleading. To ensure that our readers are fully informed of all the facts, we have included brief comments on the agency response immediately preceding the response. My staff and I will be pleased to discuss or clarify items in the report. This report will be released to the public on August 24, 2000. Sincerely, Debbie Davenport Auditor General Enclosure OFFICE OF THE AUDITOR GENERAL Program Fact Sheet Arizona Office of Tourism Services: This report addresses four closely related programs that in fiscal year 2000 be-came subprograms of the Tourism Promotion program: n Domestic Media Advertising, which creates and places advertisements in print and broadcast media promoting Arizona; n Travel Counseling and Direct Mail Marketing, which operates a contracted call center that responds to requests for Arizona travel planning information; n International and Domestic Trade Marketing, which promotes Arizona as a travel desti-nation to tour operators and travel agents and assists them in creating pre-packaged tours; and n Media Promotion and Communications, which assists media contacts in developing arti-cles and broadcasts about Arizona. Facilities: All four programs occupy space within the office suite leased by the Arizona Office of Tourism at 2702 North Third Street in Phoenix. Equipment: All four programs own or lease only typical office equipment. Revenue: $8,849,300 (Fiscal Year 2000 est.) Other Agency Programs $2,617,400 Domestic Media Advertising $3,630,100 Travel Counseling $1,301,800 International and Domestic Trade Marketing $900,000 Media Promotion $400,000 All agency funding is from the General Fund. Programs— Mission and Goal: Domestic Media Advertising: Mission: “To create awareness of Arizona as well as stimulate interest and motivation levels of travelers in key target markets, demographic groups, geographic regions and interest cate-gories regarding travel to and throughout Arizona.” Personnel: 22.5 full-time staff (Fiscal Year 2000) Other Agency Travel Staff—12 Counseling—1 Media Promotion— 3.5 International and Domestic Trade Marketing—4 Domestic Media Advertising—2 OFFICE OF THE AUDITOR GENERAL Programs—Mission and Goal (cont’d) Domestic Media Advertising: Goal: “To shape a positive image of Arizona which affirmatively motivates travelers to experi-ence the diversity of the state.” Travel Counseling and Direct Mail Marketing: Mission: “To convert awareness generated by the Domestic Media Advertising program into interest and motivation to travel to Arizona.” Goal: “To efficiently and effectively assist travelers in making plans to visit Arizona by provid-ing compelling information to induce ex-tended length of stay throughout the state.” International and Domestic Trade Marketing: Mission: “To direct and coordinate Arizona’s public and private sector tourism entities in an effort to inform and motivate travel agents, tour op-erators, and air and ground transportation companies regarding opportunities to create and market individual and group tour pack-ages for vacations throughout Arizona.” Goal: “To create a well-informed travel industry (i.e. agents, operators, and wholesalers) that ac-tively promotes Arizona to domestic and in-ternational tourists and travelers.” Programs—Mission and Goal (concl’d) Media Promotion and Communications: Mission: “To generate positive media coverage of Ari-zona (e.g. printed articles and broadcast fea-tures on travel destinations and tourism attrac-tions) in an effort to increase public interest in the state and enhance Arizona’s overall image as a premier tourist destination.” Goal: “To develop extensive media contacts and fos-ter relationships between representatives of print and broadcast media and Arizona tour-ism partners to stimulate positive media cover-age for Arizona destinations.” Adequacy of Performance Measures: The Domestic Media Advertising’s economic impact measures are based upon inappropri-ate methodology. Also, all of Advertising’s performance measures are slightly overstated due to mathematical errors in the calculations used to arrive at the measures. Domestic Media Advertising’s performance measures neglect to: Ü Address whether AOT’s advertising is suc-cessful in directly motivating consumer travel to the State, or Ü If advertising is affecting key target markets. Trade Marketing’s measures do not convey the extent to which the travel industry ac-tively promotes Arizona to its clients. Although all program goals appear to be aligned with the program missions, AOT has not developed specific objectives for any of the programs. i OFFICE OF THE AUDITOR GENERAL SUMMARY The Office of the Auditor General has conducted a performance audit of the Arizona Office of Tourism (AOT). This audit was completed in response to a June 16, 1999, resolution of the Joint Legislative Audit Committee, which required a review of four programs within AOT: (1) Domestic Media Advertising, (2) Travel Counseling and Direct Mail Marketing, (3) International and Domestic Trade Marketing, and (4) Media Promotion and Communications.1 The audit was conducted as part of the Sun-set review set forth in A.R.S. §41-2951 et seq. Created by the Legislature in 1978, AOT is charged with promot-ing tourism and encouraging tourism development throughout the State. Many of AOT’s Contracting Practices Violate State Procurement Requirements (See pages 9 through 18) AOT’s contracting practices have violated state procurement statutes and rules in several ways. n Purchases not made through the State Procurement Of-fice or bid competitively—Since fiscal year 1997, AOT has made at least 16 purchases totaling approximately $1.2 mil-lion that exceeded its purchasing authority. For example, in 1998, AOT paid more than $102,000 for marketing activities in Canada without going through the State Procurement Of-fice. Further, AOT did not competitively bid these services. 1 As of fiscal year 2000, the four program areas became subprograms within the Tourism Promotion program of the Arizona Office of Tourism. Summary ii OFFICE OF THE AUDITOR GENERAL n Services improperly obtained under joint ventures— Although AOT has authority to enter into joint ventures with private corporations for promotional activities, state procurement requirements still apply. Since fiscal year 1997, AOT paid more than $440,000 into joint ventures that did not meet these requirements or AOT’s own rules. n Use of advertising contract circumvents and violates procurement requirements—AOT circumvented procure-ment requirements and threatened the fairness of the bid process by directing its advertising contractor to sign with specific vendors. AOT also made significant modifications to the contract without formally amending the contract and without required authorization. Without formal contract amendments, the State has no protection if the contractor de-cides not to comply with those changes. AOT used these practices for reasons such as greater flexibility and limited staff time to handle contract administration. How-ever, these practices threaten the fairness of the procurement process and expose the agency and the State to risks. Complicat-ing matters further, AOT’s contract records and procurement co-ordination are inadequate. AOT’s Membership in a Limited Liability Company Violated State Constitution and Statutes (See pages 19 through 23) AOT’s membership in a limited liability company violated the state constitution and statutes. In 1997, AOT and three other Ari-zona tourism promotion organizations formed the company to purchase and share the Internet address for AOT’s travel infor-mation Web site. The company spent approximately $34,000 for the Internet address and over $13,000 in legal fees. When the company dissolved in 1999, AOT assumed it was the owner of the address. However, as of June 2000 the company was still the registered owner of the address and AOT lacked an operating contract with the current Web site service provider. Summary iii OFFICE OF THE AUDITOR GENERAL AOT’s membership in the company violated the state constitu-tion and statutes in several ways. n First, the Constitution forbids state agencies from being a shareholder or joint owner of a company. n Second, AOT received only approximately 50 percent of the company’s financial assets when it dissolved, despite con-tributing 67 percent of the financial assets. This violated stat-utes governing limited liability companies and was an un-constitutional gift of public monies. 1 n Third, AOT received services from a private legal firm de-spite the statutory requirement that state agencies use only the Attorney General’s Office for such services. n Fourth, in becoming a member of the company, AOT ex-ceeded its statutory authority to participate in joint ventures. n Finally, AOT exceeded its $10,000 expenditure authority when it provided $60,000 to the company. Additional Performance Measures Needed to Demonstrate Effectiveness (See pages 25 through 32) AOT needs to develop additional performance measures to cap-ture the agency’s accomplishments. AOT currently attempts to measure its performance in large part by estimating the impact its tourism efforts are having on the State’s economy. However, the methodology and assumptions used are seriously flawed and overstate its economic impact. Improving the methods is important if it continues to measure economic impact as an indi-cator of the agency’s performance. Further, AOT should develop additional measures to demonstrate its effectiveness in working with tourists, the travel industry, and communities to facilitate tourism. 1 According to AOT officials, AOT’s remaining share of the financial assets was used to purchase the Internet address from the other partners; how-ever, this was not documented until June 2000. Summary iv OFFICE OF THE AUDITOR GENERAL AOT Should Conduct Required Long-Range Planning (See pages 33 through 36) Despite a mandate in A.R.S. §41-2305(A) to “perform research necessary to determine a long-range tourism development plan” for Arizona, AOT does not have a long-range state tourism plan. Instead, AOT has focused its planning and research on short-term marketing issues. Genuine long-range planning would en-able AOT to respond to strategic issues that AOT itself has iden-tified as challenges and make better resource allocation deci-sions. In developing a long-range tourism plan for Arizona, AOT should work with the Tourism Advisory Council and other in-dustry stakeholders. Other Pertinent Information (See pages 37 through 43) During the audit, other pertinent information was collected re-garding how Arizona and other states structure and fund their tourism promotion efforts. A few states have developed pub-lic/ private partnerships, while most have maintained more tra-ditional organizational structures within other state agencies. Twenty-one states fund tourism with traditional tourism reve-nue sources, such as general fund appropriations, while 19 states use dedicated taxpayer-funded appropriations to support tour-ism promotion. v OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS Page Introduction and Background.......................... 1 Finding I: Many of AOT’s Contracting Practices Violate State Procurement Requirements ............................................... 9 Procurement Requirements Are Designed to Promote Fairness and Prevent Fraud............................................ 9 Procurement Requirements Were Not Followed in Many Contracts and Joint Ventures......................................... 10 AOT Used Large Advertising Contract to Circumvent Procurement Requirements............................................ 12 Poor Contract Procurement and File Management Exacerbated Problems .................................................... 16 Recommendations .......................................................... 18 Finding II: AOT’s Membership in a Limited Liability Company Violated State Constitution and Statutes.................................................. 19 Company Formed for Internet Activities...................................................... 19 AOT Violated the Constitution and Statutes ............................................... 21 AOT Failed to Protect the State’s Interest........................................................... 22 Recommendations .......................................................... 23 Table of Contents vi OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS (cont’d) Page Finding III: Additional Performance Measures Needed to Demonstrate Effectiveness................................................ 25 AOT’s Performance Measures Call for Measuring Impact on Economy .................................................................... 25 AOT’s Approach to Measuring Its Impact Is Severely Flawed......................................... 27 Additional Measures Needed........................................ 29 Recommendations .......................................................... 32 Finding IV: AOT Should Conduct Required Long-Range Planning.................................. 33 Current Planning Inadequate....................................................................... 33 Additional Efforts Are Needed..................................................................... 35 Recommendations .......................................................... 36 Other Pertinent Information ............................. 37 New Public/Private Partnerships .................................................................... 37 Traditional Organizational Structures and Funding Mechanisms .................................................................... 39 Arizona Tourism Past and Future ............................................................... 41 Table of Contents vii OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS (concl’d) Page Sunset Factors.................................................. 45 Agency Response Auditor General Comments to Agency Response Agency Response Tables Table 1 Arizona Office of Tourism Statement of Revenues, Expenditures, and Changes in Fund Balance Years Ended or Ending June 30, 1999 and 2000 (Unaudited)......................................................... 5 Table 2 Arizona Office of Tourism Arizona Tourism Internet Partners, LLC (ATIP) Schedule of Funding Sources and Uses For the Period July 1997 through November 1999 (Unaudited)......................................................... 21 Table 3 Arizona Office of Tourism Economic Impact Performance Measures......... 26 viii OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 1 OFFICE OF THE AUDITOR GENERAL INTRODUCTION AND BACKGROUND The Office of the Auditor General has conducted a Sunset review of the Arizona Office of Tourism and a performance audit of the Arizona Office of Tourism’s Domestic Media Advertising, Travel Counseling and Direct Mail Marketing, International and Do-mestic Trade Marketing, and Media Promotions and Communi-cations programs pursuant to a June 16, 1999, resolution of the Joint Legislative Audit Committee. This audit was conducted as part of the Sunset review set forth in Arizona Revised Statutes §41-2951 et seq. AOT’s Responsibilities The Legislature created the Arizona Office of Tourism (AOT) in 1978 and charged it with performing many duties related to statewide tourism research, development, and promotion. These duties include: n Promoting and developing tourism business and planning; n Developing a campaign of information, advertising, promo-tion, exhibition, and publicity relating to statewide recrea-tional, scenic, and historical attractions and all communities and regions of the State; n Undertaking a comprehensive research program designed to establish the Office as the central repository and clearing-house for all tourism-related data; n Performing the research necessary to determine a long-range tourism development plan for Arizona; and n Conducting research at the request of the Governor, Legisla-ture, or state and local agencies and providing information and advice as requested by local, state, and federal agencies as well as private citizens and businesses. AOT is responsible for statewide tourism promo-tion. Introduction and Background 2 OFFICE OF THE AUDITOR GENERAL The Arizona Office of Tourism’s mission is : Organization and Staffing To carry out its responsibilities, for fiscal year 1999 the Arizona Office of Tourism was divided into seven programs. This audit reviewed the following four programs, each of which contracts for many services and is provided additional administrative support by other AOT programs.1 In fiscal year 2000, the follow-ing four programs became subprograms within the Tourism Promotion program: n Domestic Media Advertising (2 FTE)—This is a compre-hensive program of paid media placements (for example, television, print) in targeted markets to promote Arizona as a travel destination. The majority of this program’s activities are performed by a contracted Arizona advertising agency. In 1999, the National Council of State Tourism Directors awarded three first-place prizes to AOT’s most recent adver-tisement campaign. 1 The three AOT programs not reviewed are Tourism Development and Funds Sharing, Welcome Center Operations, and Business Administra-tion, the latter two of which received Program Authorization Reviews in 1998. To expand the volume of tourism activity and related expenditures in the state in order to en-hance the economy, the stability of the work-force and the standard of living for all Arizo-nans. AOT’s advertising recently won awards. Introduction and Background 3 OFFICE OF THE AUDITOR GENERAL n Travel Counseling and Direct Mail Marketing (1 FTE)— This program responds to calls, requests for information, and requests for travel planning assistance and provides travel planning materials by mail to encourage new and repeat travelers to spend more time in Arizona. Travel planning ma-terials include The Arizona Journeys state travel guide, the ac-commodations guide, the visitor map, and destination bro-chures. Requests for travel planning materials are handled through a contracted call center that receives on average 47,000 requests monthly. n International and Domestic Trade Marketing (4 FTE)— This program promotes Arizona to travel agents and tour operators through participation in trade shows and trade marketing organizations by educating tour operators on Ari-zona’s range and extent of destinations and attractions. Fur-ther, this program assists tour operators in developing and promoting prepackaged tours for groups and individual travelers. This program contracts with trade marketing rep-resentatives located in Canada, Germany, Japan, Mexico, and the United Kingdom for international representation. n Media Promotions and Communications (3.5 FTE)—This program develops media publicity for Arizona (for example, magazine stories and newspaper articles) domestically and internationally to increase public awareness and interest in the State, and to position Arizona’s image as a year-round tourist destination. Activities include assisting media con-tacts, coordinating tours for travel journalists throughout the State, and serving as a central resource for in-state tourism promoters. This program contracts with media representa-tives located in Canada, Germany, Japan, Mexico, and the United Kingdom for international representation. The Office of Tourism’s statutes also establish a 15-member gov-ernor- appointed tourism advisory council. The Council’s duty is to assist and advise the director in preparing the budget and es-tablishing policies and programs that promote and develop tour-ism in the State. The council includes representatives from all over the State who represent recreational and tourist attractions, lodging, restaurants, and other tourism businesses, and the gen-eral public. Introduction and Background 4 OFFICE OF THE AUDITOR GENERAL Funding and Budget The Office of Tourism is funded through a biennial General Fund appropriation. Approximately 31 percent of AOT’s fiscal year 2000 $8.8 million General Fund appropriation is derived from a portion of the state lodging tax. As is illustrated in Table 1 (see page 5), the Domestic Media Advertising program is the program with the highest expenditures. In fiscal year 2000, this program’s expenditures are estimated to be $3.6 million, or 41 percent, of AOT’s total expenditures. Further, a majority of AOT’s budget is expended for contractors. For fiscal year 2000, AOT estimates that $7.3 million, or 83 percent, of total expendi-tures will be for contractors. Recent law changes will impact AOT’s future revenues. Laws 2000, Chapter 375 provides dedicated lodging tax revenues to AOT that are estimated to be $9.2 million for fiscal year 2002. Moreover, Laws 2000, Chapter 372, the stadium bill passed dur-ing the 2000 session, places an initiative on the November 2000 ballot which, if approved by voters, will provide additional dedicated revenues to AOT. 1994 Report and Update Auditor General staff revisited the concerns identified in AOT’s 1994 performance audit (see Report No. 94-4). Below is a sum-mary of the 1994 report’s major recommendations and their cur-rent status: Staffing-related statutory changes needed—Due to concerns with director turnover and political patronage, the report rec-ommended that the Legislature should consider amending AOT’s statutes to add minimum qualifications and possibly es-tablish a term of office for the AOT director, establish a search committee process for selecting the director, and place all clerical and administrative support positions under the state personnel system. Recent law changes increase AOT’s revenues. Introduction and Background 5 OFFICE OF THE AUDITOR GENERAL Table 1 Arizona Office of Tourism Statement of Revenues, Expenditures, and Changes in Fund Balance Years Ended or Ending June 30, 1999 and 2000 (Unaudited) 1999 (Actual) Programs Domestic Media Advertising Travel Counseling and Direct Mail Marketing International and Domestic Trade Marketing Media Promotion and Communica-tions Other 1 Agency Total Revenues 2 $3,630,100 $1,422,790 $ 894,000 $286,100 $2,595,050 $8,828,040 Expenditures: Personal services and employee related 1,010,227 1,010,227 Professional and outside services 88,656 425,012 429,045 240,129 302,419 1,485,261 Travel 12,144 46,758 12,955 27,905 99,762 Other operating and equipment 3 3,527,283 996,563 415,191 32,960 1,420,286 6,392,283 Total expenditures 3,628,083 1,421,575 890,994 286,044 2,760,837 8,987,533 Excess of revenues over expenditures 2,017 1,215 3,006 56 (165,787) (159,493) Other financing uses 4 75 1,254 3,006 56 4,671 9,062 Excess of revenues over (under) expenditures and other uses $ 1,942 $ (39) $ 0 $ 0 $ (170,458)5 $ (168,555) 2000 (Estimated) Programs Domestic Media Advertising Travel Coun-seling and Direct Mail Marketing International and Domestic Trade Marketing Media Promotion and Communica-tions Other 1 Agency Total Revenues 2 $3,630,100 $ 1,301,800 $900,000 $400,000 $2,617,400 $8,849,300 Expenditures: Personal services and employee related 1,000,000 1,000,000 Professional and outside services 75,000 480,000 475,000 330,000 250,000 1,610,000 Travel 8,000 50,000 20,000 35,000 113,000 Other operating and equipment 3 3,547,100 821,800 375,000 50,000 1,332,400 6,126,300 Total expenditures 3,630,100 1,301,800 900,000 00,000 2,617,400 8,849,300 Excess of revenues over expenditures 0 0 0 0 0 Other financing uses 0 Excess of revenues over expenditures and other uses $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 1 Includes the Tourism Development and Funds Sharing, Welcome Center Operations, and Business Administration programs that were not within the scope of this audit. 2 Less than 1 percent of the amount is miscellaneous revenue collected by the Office. The rest is State General Fund appropriations. 3 Includes $4.44 and $4.45 million expended or estimated to be expended on advertising in 1999 and 2000, respectively. 4 Includes reversions and remittances to the State General Fund and net operating transfers. 5 Deficiency covered by approximately $170,500 of beginning fund balances from the Office’s donation accounts. Source: The Arizona Financial Information System Accounting Event Extract File and Status of Appropriations and Expenditures reports for the year ended June 30, 1999; and Division-prepared estimates of financial activity for the year ending June 30, 2000. Introduction and Background 6 OFFICE OF THE AUDITOR GENERAL Current Status: In 1996, the Legislature amended AOT’s statutes to require the director to have minimum qualifica-tions, including at least five years of management experience in the tourism and travel industry and experience in market-ing or public relations. Further, the Governor’s Office used a search committee to select the current director. Legislation was never introduced to place AOT’s clerical and administra-tive support positions under the state personnel system. n Agency restructuring options—If the Legislature felt stronger action was needed to reduce concerns with director turnover and political patronage, the report recommended that the Legislature consider restructuring the agency under a number of options including a tourism commission, com-bining AOT with the Department of Commerce, or merging AOT with the Arizona Highways Magazine under a single of-fice. n Current Status: AOT is still a separate agency. This report presents some information on Arizona’s and other states’ structures and funding mechanisms for state tourism efforts (see Other Pertinent Information, pages 37 through 43). n Recovery of misspent contracting monies recom-mended— The report recommended that AOT take steps to recover misspent contract funds. First, it recommended that AOT request the Attorney General’s Office to review the fea-sibility of recovering misspent funds. If recovery was possi-ble, it was recommended that AOT contract for an independ-ent audit to identify all monies improperly paid to its former advertising firm. Current Status: AOT sought advice from the Attorney Gen-eral’s Office, which recommended taking no action to seek a refund. This report identified different problems with AOT’s contracting practices (see Finding I, pages 9 through 18). Audit Scope and Methodology Audit work focused on AOT’s contracting practices, perform-ance measures, and long-term planning efforts. This perform- AOT previously misspent advertising monies. Introduction and Background 7 OFFICE OF THE AUDITOR GENERAL ance audit and Sunset review includes findings and recommen-dations in four areas: n The need for the Office to comply with state procurement laws and regulations when procuring contracts. A copy of this report has been forwarded to the Attorney General’s Of-fice (see Finding I, pages 9 through 18) ; n The need for the Office to work with the Attorney General’s Office to address outstanding issues related to its member-ship in a limited liability company (see Finding II, pages 19 through 23). n The need for the Office to abandon its current method of cal-culating economic impact performance measures and de-velop more appropriate measures that demonstrate AOT’s role in facilitating statewide tourism efforts (see Finding III, pages 25 through 32); and n The need for the Office to develop a long-term tourism plan (see Finding IV, pages 33 through 36). In addition, this report contains an other pertinent information section regarding tourism office funding, and restructuring in other states, and legislation passed during the 2000 session that impacts AOT’s funding (see pages 37 through 43). Finally, the report presents responses to the 12 statutory Sunset Factors (see pages 45 through 51). Auditors used a number of research methods for this review. Specifically, n To determine the extent to which the Office complies with procurement laws and regulations—Auditors inter-viewed AOT staff, representatives of the State Procurement Office, and representatives from the AOT advertising con-tractor. Additionally, auditors reviewed state procurement rules and regulations, the state accounting handbook, AOT contract/subcontract documents, AOT expenditure records, and contract files located at the State Procurement Office per-taining to the evaluation and award process and rejected proposals. Introduction and Background 8 OFFICE OF THE AUDITOR GENERAL n To determine the appropriateness of AOT’s membership in a limited liability company—Auditors interviewed AOT staff, former company officials, AOT’s former Attorney Gen-eral representative, and Corporation Commission staff. Addi-tionally, auditors reviewed the state constitution, statutes, and AOT rules as well as the company’s corporate docu-ments, financial records, contracts, and legal invoices. n To determine the appropriateness of AOT’s performance measures—Auditors reviewed audit reports from Florida and Georgia and interviewed tourism office representatives in California, Florida, Illinois, South Carolina, Texas, Vermont, and Virginia to determine how other states developed per-formance measurements. Additionally, auditors interviewed AOT staff, tourism experts, and a representative from the U.S. Department of Commerce regarding tourism promotion and accountability. Finally, auditors conducted a literature review. n To determine the extent of AOT’s planning efforts— Auditors interviewed tourism stakeholders, tourism research firms, AOT’s advertising contractor, and representatives from California, Connecticut, Florida, Illinois, Nevada, Oregon, Texas, and Washington’s tourism offices regarding research and planning efforts. Finally, auditors performed a literature review pertaining to long-term planning, particularly in rela-tion to tourism marketing. n Finally, to provide information regarding tourism pro-grams in other states and the Arizona Office of Tour-ism— Auditors reviewed professional journals, other litera-ture, and audit reports to identify innovative partnerships be-tween states and the tourism industry. Auditors also re-viewed legislation pertaining to AOT proposed during the 2000 Arizona legislative session. This audit was completed in accordance with government audit-ing standards. The Auditor General and staff express appreciation to the direc-tor and staff of the Arizona Office of Tourism for their coopera-tion and assistance throughout the audit. 9 OFFICE OF THE AUDITOR GENERAL FINDING I MANY OF AOT’S CONTRACTING PRACTICES VIOLATE STATE PROCUREMENT REQUIREMENTS AOT has engaged in many contract practices that violate state procurement statutes and guidelines. For example, AOT has ex-ceeded its delegated purchasing authority, failed to seek com-petitive bids, and paid for services before they were provided. Additionally, AOT circumvented procurement requirements by subcontracting for a variety of services under a broad and largely open-ended contract. Such practices expose the agency and the State to risks the procurement process was designed to protect against. Complicating matters further, AOT’s contract records and contract procurement coordination are not adequate. The agency needs to make substantial changes in its contracting prac-tices to ensure maximum competition and fairness, protect the State’s liability, and avoid the appearance of impropriety. Procurement Requirements Are Designed to Promote Fairness and Prevent Fraud Procurement requirements are designed to ensure that the State purchases the highest-quality product or service at the most eco-nomical price, to ensure fair competition, and to prevent fraudu-lent activities while, at the same time, protecting state agencies from the appearance of fraud. Violations of procurement re-quirements can carry serious penalties. Further, failing to follow procurement requirements can put both the State and vendors at risk, because the validity of improperly procured contracts can be challenged. Procurement requirements exist to ensure fair competi-tion and prevent fraud. Finding I 10 OFFICE OF THE AUDITOR GENERAL Procurement Requirements Were Not Followed in Many Contracts and Joint Ventures AOT entered into many of its contracts and joint venture agree-ments in violation of state procurement requirements. The agency awarded contracts noncompetitively that should have been awarded through the State Procurement Office. It also failed to follow procurement requirements in joint ventures with visitors’ bureaus and other organizations. Many purchases exceeded AOT’s purchasing authority and were not bid competitively—Auditor General staff identified 16 pur-chases since fiscal year 1997 in which AOT exceeded its purchas-ing authority for procuring services without seeking competitive bids.1 These expenditures totaled approximately $1.2 million. All AOT purchases worth more than $10,000 must be procured competitively through the State Procurement Office, unless the procurement office delegates authority to AOT or determines in advance that competition is not practicable or that only one pro-vider is available. However, AOT did not comply with this re-quirement, making the 16 purchases on its own and not seeking competitive bids in doing so. For example: ü AOT paid more than $102,000 for Canadian market advertis-ing and other services but did not seek competitive bids be-fore signing the contract. This contract should have been pro-cured through the State Procurement Office. ü Over three fiscal years, AOT paid $120,000 for tourism re-search through its Arizona tourism organization member-ship dues without going through the State Procurement Of-fice. AOT paid this amount to the tourism organization, which then contracted with independent research firms for approximately $51,600 of research and professional fees. AOT considers this expenditure part of its membership dues; however, all other members paid dues ranging from 1 Auditors checked AOT’s compliance with procurement requirements only for purchases for which the agency provided documentation to the auditors by June 2000 and that exceeded the agency’s $10,000 purchasing authority. AOT spent approximately $1.2 million without com-plying with procurement requirements. Finding I 11 OFFICE OF THE AUDITOR GENERAL $100 to $5,000 each year. AOT should pay no more than the basic membership dues to this organization and purchase its research through proper procurement procedures. AOT improperly procured and paid for services under its joint venture rules—AOT also violated state procurement require-ments and its own rules when procuring over $440,000 worth of services through joint ventures. AOT’s statutes and rules allow it to enter joint ventures with private corporations for promotional activities in order to extend the value of the State’s investment. However, these joint ventures are still subject to state procure-ment requirements. n In fiscal year 1999, AOT paid over $98,000 toward two joint ventures with a partnership of chambers of commerce, city convention and visitors’ bureaus, and Sky Harbor Interna-tional Airport for international representation in the United Kingdom and Germany. These joint ventures violated state procurement and joint venture requirements in four ways. ü AOT’s shares of the joint ventures exceeded AOT’s pur-chasing authority and should have been procured through the State Procurement Office. ü AOT paid its advertising agency to sign contracts for in-ternational representation and to provide billing services for the joint venture agreements. However, according to AOT, these services are separate from the advertising contract. If so, they should have been procured as a sepa-rate contract. ü AOT paid for services before they were provided. These pre-payments violate the Arizona Accounting Manual, sec-tion II-H-1, which requires an agency to pay for services after they are received. Additionally, AOT’s rules regulat-ing joint ventures specifically state that “the state shall pay no monies before receipt of the services.” ü AOT did not document the steps it took to enter these joint ventures as required by its rules. For example, AOT did not document proposals from the private corpora-tions that are required by rule before entering joint ven-tures. These proposals should contain such information AOT violated procurement requirements and its own rules. Finding I 12 OFFICE OF THE AUDITOR GENERAL as the benefit to the State for engaging in a joint venture activity as well as the project’s estimated budget and length. State law permits AOT to participate in joint ventures with pri-vate corporations; however, it is not clear that any of AOT’s partners are “private corporations.” Two of AOT’s partners are not registered with the Corporation Commission, and the others are registered as nonprofit corporations. AOT Used Large Advertising Contract to Circumvent Procurement Requirements For fiscal year 2000 it is estimated that nearly half of AOT’s budget will be spent on an advertising contract that AOT uses mainly to obtain advertising services, but also to obtain many other types of services from other contractors. Although this con-tract was procured through the State Procurement Office, it does not specifically define all tasks to be done and does not limit the ultimate cost the State can pay. By using it as a mechanism to subcontract for other services, AOT circumvented procurement requirements and threatened the fairness of the bid process. AOT also made modifications to the contract that it was not au-thorized to make. Several changes are needed to prevent further misuse of this contract and to ensure fair competition. Advertising contract used to subcontract for many other ser-vices— In fiscal year 2000, AOT estimates it will pay approxi-mately $3.8 million of its $8.85 million budget to its advertising contractor. The majority of the contract involves the creative de-velopment and purchasing of advertising by the contracted ad-vertising firm. However, AOT has also used the advertising con-tract to purchase at least 18 subcontracted goods and services ranging from $4,500 for modeling the economic impact of tour-ism on Arizona to over $500,000 for representation in interna-tional markets. AOT staff said they used this subcontracting approach because the agency did not have enough staff resources to contract for so many services. The agency believes the approach was acceptable because of two main features in the contract: AOT spends almost half of its annual budget on its ad-vertising contract. Finding I 13 OFFICE OF THE AUDITOR GENERAL n The contract does not specifically identify all of the services to be provided. Specifically, the contract’s scope of work states that the contractor shall provide those services customarily performed by an advertising/marketing agency necessary for the development, preparation, and placement of advertis-ing. AOT believes this means it can purchase any marketing-related goods or services through the contract. n The contract does not place a cap on the amount AOT can pay the contractor. The contractor does not collect a set fee for its services, but rather charges a percentage markup on its costs for fulfilling the contract. Without a cap, AOT is not re-stricted to a dollar limit that could help prevent AOT from adding the expense of additional subcontracted services to the contract. Subcontracting approach violates procurement code—AOT has used its broad advertising contract to circumvent procurement requirements by directing its advertising contractor to sign spe-cific vendors as subcontractors, and directing services provided by those subcontractors. For example: n AOT asked its advertising contractor to subcontract with a former employee of AOT’s Canadian representation firm rather than subcontracting with the firm again. The advertis-ing contractor did as directed and since then AOT has over-seen the services provided by that representative. n In another case, a subcontractor signed at AOT’s request was given AOT office space and equipment and receives an hourly wage for work done at the direction of AOT’s director of media relations. AOT’s circumvention of the procurement process violates the procurement code and is problematic for other reasons as well: n AOT is choosing vendors to provide services without requiring them to submit competitive bids. Selecting ven-dors without competition increases the potential for fraudu-lent activities and denies many vendors the opportunity to bid on state projects. Selecting vendors without competition increases the potential for fraud. Finding I 14 OFFICE OF THE AUDITOR GENERAL n Directing subcontractors could complicate AOT’s liabil-ity, according to the State Procurement Office. Normally, a contractor is liable for the performance of subcontractors it signs; however, AOT could be held liable for problems that arise when it directs those subcontractors. n AOT unnecessarily pays the advertising contractor a markup on the costs of the subcontracts. Once the con-tractor signs some of the subcontracts for goods or services, the contractor’s role is limited to handling payments to the subcontractor; however, the contractor continues to charge AOT a markup on the cost of the subcontractors. AOT made unauthorized modifications to its advertising con-tract— Additionally, AOT has made unauthorized modifications to its advertising contract. The standard terms and conditions of all state contracts prohibit contractors from entering into any subcontract without the procurement officer’s approval. Because the State Procurement Office procured the advertising contract, it has the sole authority to approve contract modifications, through formal amendments. These provisions protect the State from un-desirable subcontractors, prevent fraudulent activities, and en-sure that the contractor will be accountable for the subcontrac-tors’ work. AOT has made two types of modifications without formal con-tract amendments approved by the State Procurement Office. n Fees for outside services reduced—AOT verbally agreed with the contractor to reduce the markup it pays its advertis-ing contractor for some subcontracted services. AOT now pays a markup ranging from 5.26 to the contracted 17.65 per-cent for most outside services. n Many subcontractors added or changed—Since the con-tract was signed in 1996, many subcontractors not specified in the original contract have been added and all but one of the five original subcontractors have been changed. While these changes were made to improve services and save AOT money, they fail to protect the State and compromise the fair treatment of both past and potential bidders. Formal contract amend-ments protect the State. Finding I 15 OFFICE OF THE AUDITOR GENERAL n First, AOT’s verbal agreements to lower prices do not protect the State to the extent formal contract amendments would because the State has no assurance this price reduction will continue. n Second, adding or changing subcontractors not specified in the original contract and thereby increasing the number of services provided by the contract is unfair to past bidders be-cause if such significant deviations from the original proposal had been known during the bidding and selection processes, the original contract award may have been granted to an-other bidder. n Third, these modifications are unfair to potential future bid-ders because without formal amendments they are likely un-aware of the services provided or the actual fees charged by the current advertising contractor. Further, future bidders may find it difficult to provide such a wide range of services. According to the State Procurement Office, the inappropriate practice of purchasing several dissimilar services under one contract is called “bundling” and limits competition to only the largest vendors. Changes needed to prevent misuse of advertising contract— Several changes are needed to prevent future misuse of the ad-vertising contract. n First, to better control the size and scope of the contract, the next request for proposal should specifically identify the ser-vices expected, require bidders to quote their fees for those services, and limit the total amount AOT can pay the contrac-tor. AOT will soon have this opportunity since the current advertising contract will expire in 2001. n Second, AOT must discontinue using its advertising con-tract to purchase subcontracted goods and services in a man-ner that circumvents the procurement code. AOT should se-lect its vendors by following state procurement guidelines and directly contract with vendors independent of any other contract if it plans to oversee and direct those vendors’ activi-ties. AOT should ensure future ad-vertising contracts follow pro-curement requirements. Finding I 16 OFFICE OF THE AUDITOR GENERAL n Third, to better protect the State and ensure fairness to past and future bidders, AOT should obtain formal contract amendments approved by the State Procurement Office for any modifications of contracts that the Office has procured. Poor Contract Procurement and File Management Exacerbated Problems Further exacerbating the contracting violations, AOT manage-ment has provided inadequate oversight over contract procure-ment and file management. Auditors identified problems in the following areas: n AOT lacks a central procurement coordinator—Rather than having a central procurement coordinator, each division director procures and oversees contracts necessary for his or her division. This decentralized system may make it difficult for AOT management to be aware of all its contract obliga-tions and to ensure that procurement requirements are fol-lowed. Good business practices suggest that organizations should segregate responsibilities between individuals who work directly with contractors and a procurement coordina-tor who verifies that the proper procurement procedures are followed. AOT should designate a central procurement co-ordinator, who should receive training in proper state pro-curement requirements and consult with the procurement of-fice when areas are beyond his or her expertise. n AOT lacks central contract files—AOT does not maintain a set of central contract files. Rather, each AOT division direc-tor is responsible for maintaining his or her contract files. During the audit: ü AOT was unable to provide many important contracting documents. For example, AOT had no documentation to show what markups the advertising agency was charging for its various subcontracts. This information had to be obtained from the advertising agency. Finding I 17 OFFICE OF THE AUDITOR GENERAL ü Further, due to the lack of central contract files auditors had to request copies of all AOT contracts and subcon-tracts from each AOT program. Auditors are still uncer-tain whether all have been provided since, throughout the audit, they continued to discover contracts that had not been given to them before. Centralized contract files better enable an agency to monitor its contracts. These files should contain documentation for all of AOT’s contracts, including subcontracts held by AOT con-tractors and contracts procured through the State Procure-ment Office. n AOT does not adequately maintain records—The Arizona Accounting Manual states that all state agencies must keep of-ficial agency copies of contracts for six years. However, dur-ing the audit, some AOT contracts were unavailable for re-view. For example, AOT could not provide contract docu-ments for the 1999 Governor’s Conference on Tourism. AOT should follow state requirements for the retention of contract-ing documents. Finding I 18 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should make any purchases that exceed its $10,000 purchas-ing authority through the State Procurement Office or obtain ap-propriate delegation. 2. AOT should pay no more than the basic membership fee in tour-ism associations and appropriately follow procurement require-ments for any additional services it receives from those associa-tions. 3. AOT should comply with state procurement laws and regulations when procuring contracts as part of joint ventures. 4. AOT should comply with rule R20-3-104(2) and section II-H-1 of the Arizona Accounting Manual and discontinue paying for joint venture services in advance. 5. In the request for proposal for the 2001 advertising contract, AOT should specifically state the services it expects the awarded contrac-tor to provide, request the bidders to quote their fees for those ser-vices, and set a limit on the total amount it will pay. 6. AOT should ask the Attorney General’s Office what entities it may participate with as private corporations in joint ventures. 7. To ensure compliance with procurement requirements and to avoid paying unnecessary markups, AOT should select vendors through a competitive bid process for services it plans to oversee and direct. 8. AOT should obtain formal contract amendments approved by the State Procurement Office for any modification of contracts pro-cured by the State Procurement Office. Modifications include changes in subcontractors, services added to the original contract performed by the contractor or by subcontract, and any changes to the proposed pricing schedule. 9. AOT should designate a staff member as a central procurement co-ordinator. That staff member should consult with and receive train-ing from the State Procurement Office. 10. AOT’s new procurement coordinator should establish and main-tain central contract files. 11. AOT should follow Arizona Accounting Manual requirements for the retention of contracting documents. 19 OFFICE OF THE AUDITOR GENERAL A limited liability com-pany (LLC) is a rela-tively new and flexible business structure that offers limited personal liability and a choice of being taxed as a corpo-ration or a partnership. LLC participants are filed with the Corpora-tion Commission as “Member.” FINDING II AOT’S MEMBERSHIP IN A LIMITED LIABILITY COMPANY VIOLATED STATE CONSTITUTION AND STATUTES AOT violated the state constitution and statutes through its membership in a limited liability company (company). AOT be-came a member of the company as a means to purchase the Internet address and further develop the Web site AOT previ-ously developed to provide travel information. However, AOT’s involvement with the company was unconstitutional, violated statutes, and caused public monies to be misspent. Further, AOT failed to execute the necessary agreements to own and operate the Internet address and Web site once the company dissolved. Company Formed for Internet Activities In 1997, AOT became a member of a company, Arizona Tourism Internet Partners, that included three other Arizona tourism promotion organizations in order to purchase an Internet ad-dress and share a Web site. Following is an overview of the company’s history: n Creation: The company was created to purchase and share the Internet address for a Web site, “arizonaguide.com.” In 1996 AOT had contracted with a publishing company that owned that address to develop AOT’s travel information Web site. When the publisher no longer wanted to operate the site, AOT’s options were to purchase the address, purchase or partner with another existing Arizona travel Web site, or spend less than $100 to register a new ad-dress. In continuing its Internet efforts, AOT decided Finding II 20 OFFICE OF THE AUDITOR GENERAL to work with three of Arizona’s larger tourism promotion or-ganizations to pool resources and purchase the address as well as potentially generate more Internet activity. The part-ners created the company so a single entity would represent the group’s interests. Initially, AOT contributed 50 percent of the company’s funding ($30,000), which is also the maximum percentage permissible for AOT’s joint venture projects. AOT later contributed another $30,000 as an annual membership fee; however, none of the other partners made further contri-butions. n Expenditures: The majority of the company’s expenditures were for the Internet address purchase and legal fees. The company purchased the Internet address for approximately $34,000. This price was set by the owner, who charged what the market would bear. In addition, the company spent al-most $13,000 in legal fees associated with the company’s creation and Internet address purchase and almost another $1,000 for its dissolution. The majority of one approximately $2,500 bill was for “seeking different alternatives to the par-ticipation of the Arizona Office of Tourism.” Table 2 (see page 21) illustrates the contributions, expenditures, and final distribution of the company’s financial assets. n Dissolution: The company dissolved in 1999. According to a former company official, some members were dissatisfied with the way the current service provider operated the Web site and wanted to pursue their individual interests. On dis-solution, the company’s financial assets were divided among the members based on the understanding that AOT would continue with the site. However, as of June 12, 2000, the company was still the registered owner of the Internet ad-dress. Finding II 21 OFFICE OF THE AUDITOR GENERAL AOT Violated the Constitution and Statutes AOT’s participation in the limited liability company violated the state constitution and statutes in several ways: n First, Article 9, §7 of the Arizona Constitution prohibits state agencies from providing funds to and being a shareholder in a company or corporation. Table 2 Arizona Office of Tourism Arizona Tourism Internet Partners, LLC (ATIP) Schedule of Funding Sources and Uses For the Period July 1997 through November 1999 (Unaudited) Amount Percentage Contributed and Returned Sources: Contributions: Office of Tourism $60,000 67% Member 2 10,000 11 Member 3 10,000 11 Member 4 10,000 11 Total contributions 90,000 100% Interest income 2,328 Total sources 92,328 Uses: Internet address $33,975 Attorney fees 13,793 Data entry 750 Total uses 48,518 Net sources available at dissolution: $43,810 Return of contributions on dissolution: Office of Tourism $21,901 49% Member 2 7,303 17 Member 3 7,303 17 Member 4 7,303 17 Total return $43,810 100% Source: Auditor General staff analysis of the Arizona Tourism Internet Partners Final Account-ing provided by the Office of Tourism. Finding II 22 OFFICE OF THE AUDITOR GENERAL n Second, the Limited Liability Company Act requires a com-pany’s assets to be distributed in the same proportion they were contributed, unless the company’s operating agreement specifies otherwise. The company had no operating agree-ment. However, AOT received only approximately 50 per-cent of the company’s financial assets when it dissolved, de-spite having contributed 67 percent of the financial assets. Therefore, the monies that AOT should have received could be considered a gift of public monies to the other members, which is also unconstitutional.1 n Third, A.R.S. §41-192(E) prohibits state agencies from em-ploying legal counsel other than the state Attorney General, except in specific circumstances. AOT did not seek the Attor-ney General’s Office’s advice regarding its involvement with the company. In addition, company records indicate that AOT received advice from the company’s private law firm regarding its involvement with the company. n Fourth, although AOT has the statutory authority to enter into joint ventures with private corporations, the company was not a joint venture. Therefore, AOT exceeded its joint venture statutory authority in creating the company. Further, if this company had been a joint venture, AOT’s rules would limit its financial participation to 50 percent. n Finally, AOT violated procurement requirements on two oc-casions when it exceeded the limits of its $10,000 expenditure authority by providing two $30,000 payments to the com-pany. AOT Failed to Protect the State’s Interest In addition to the constitutional and statutory violations result-ing from AOT’s participation in the company, little benefit was realized. 1 According to AOT officials, AOT’s remaining share of the financial assets was used to purchase the Internet address from the other partners. How-ever, this was not documented until June 2000. Finding II 23 OFFICE OF THE AUDITOR GENERAL n Principally, when the company was dissolved, the Internet address asset was not distributed to any one of the members. When auditors researched the Internet address registration in June 2000, it was still registered with the company, eight months after the company had dissolved. n Further, AOT lacks an agreement with the service provider that currently operates the Web site. AOT is working with the State Procurement Office and the Attorney General’s Of-fice to develop an agreement. Recommendations 1. AOT should work with the Attorney General’s Office and the State Procurement Office to develop an appropriate Web site operating agreement. 2. AOT should seek the Attorney General’s advice prior to en-tering into significant agreements that obligate the State, such as AOT’s agreement with the original Web site publisher and AOT’s membership in the limited liability company. 24 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 25 OFFICE OF THE AUDITOR GENERAL FINDING III ADDITIONAL PERFORMANCE MEASURES NEEDED TO DEMONSTRATE EFFECTIVENESS AOT needs to develop additional performance measures to as-sess the agency’s effectiveness. AOT currently attempts to meas-ure its performance in large part by estimating the impact its tourism efforts are having on the State’s economy. However, the methodology and assumptions it uses to do so are seriously flawed. AOT needs to develop performance measures that measure its indirect impact, such as the effectiveness of a particu-lar advertising campaign in raising awareness about Arizona. AOT’s Performance Measures Call for Measuring Impact on Economy As a way to make state government more accountable, A.R.S. §35-122 requires Arizona agencies to develop performance measures and report how well they are doing with regard to these measures. The performance measures, together with agen-cies’ data on how well they are doing, are included in the 2000- 2001 Arizona Master List of State Government Programs, compiled by the Governor’s Office of Strategic Planning and Budgeting. Six of AOT’s performance measures focus on the agency’s im-pact on Arizona’s economy.1 As illustrated in Table 3, page 26, three of the economic impact measures are agency-wide meas-ures, while the other three measures are specifically for the do-mestic media advertising program. AOT’s performance meas-ures focus on AOT’s eco-nomic impact. 1 Although three additional agency-wide performance measures relate to economic impact, these measures pertain to the Lupton Welcome Center, which is not part of this audit. Finding III 26 OFFICE OF THE AUDITOR GENERAL In the 2000-2001 Arizona Master List of State Government Programs, AOT reported that in 1998, 242,000 travel parties visited the State after receiving its travel information packet, increasing state tour-ism revenues by $193 million. When put in the context of esti-mated total tourism activity in Arizona, this was about 2.2 per-cent of the estimated number of travel parties who visited Ari-zona in 1998 and about 1.8 percent of the estimated amount all travel parties spent that year in Arizona.1 1 According to the Arizona Office of Tourism 1998 Summary Report, compiled by D. K. Shifflet and Associates, an estimated 11 million travel parties vis-ited Arizona in 1998, spending a total of $10.9 billion. A travel party con-sists of one tourist or two or more tourists traveling together. Table 3 Arizona Office of Tourism Economic Impact Performance Measures Agency-wide Performance Measures 1. Economic impact for Arizona economy related to AOT efforts in media advertising and direct mail marketing. 2. Economic impact per $1 expended by AOT in media advertising and direct mail mar-keting. 3. Tax revenues for Arizona related to AOT efforts in media advertising and direct mail marketing. Domestic Media Advertising Performance Measures 1. Average incremental expenditure by travel party receiving AOT materials over average expenditure by all Arizona travel parties. 2. Economic impact for Arizona economy related to AOT efforts in media advertising and direct mail marketing. 3. Tax revenues for the State of Arizona stimulated by AOT efforts. Source: Auditor General staff summary of performance measures reported in the 2000-2001 Ari-zona Master List of State Government Programs. Few travelers obtain AOT’s travel information packet. Finding III 27 OFFICE OF THE AUDITOR GENERAL A conversion study: Estimates what per-centage of people who request travel in-formation about a destination end up traveling to that des-tination. AOT’s Approach to Measuring Its Impact Is Severely Flawed AOT’s method for measuring its economic impact on tourism in Arizona has several flaws. First, it inappropriately used the re-sults of a study to measure economic impact. Second, its dollar estimates are based on assumptions that are not valid. It is espe-cially important to fix these flaws because measuring economic impact is challenging. AOT’s promotional efforts are only one of many factors that can affect people’s decisions about whether to travel to Arizona. AOT’s measure overstates economic impact—To develop its es-timate, AOT misused the results of an AOT-contracted “conver-sion study” conducted in 1994. Travel and tourism research indicates that a conversion study is an appropriate way to calculate the usefulness of a tourism office’s travel packets or the effectiveness of a specific advertising campaign. However, some re-searchers caution against using a conversion study to estimate economic impact because of the risk of overstating impact. AOT has overstated its economic impact by reporting the money spent by all Arizona travel parties who received its information packet rather than reporting only the money spent by those who said that AOT’s packet influenced their decision to visit Arizona. By comparison, California recently used a conversion study to evaluate its travel literature but reported only the economic im-pact of those travelers influenced by the information. A further problem with AOT’s use of this method is that AOT continues to use the 1994 data to measure its current advertising efforts de-spite the fact that campaigns and information have changed and may have a different impact on people’s travel decisions. Estimates for dollar amounts are based on invalid comparison of two studies—AOT makes an invalid assumption about tourist spending with its use of the 1994 conversion study results. The conversion study indicated that the travel parties AOT influ-enced to travel to Arizona spent almost twice as much as the av-erage Arizona travel party, as determined by another study. This Finding III 28 OFFICE OF THE AUDITOR GENERAL assumption is flawed. The two studies are not comparable be-cause each has a different purpose, method, and population. To be valid, such a comparison would have to be made against a control group of the same population covered in the conversion study. Measuring economic impact is challenging—It is especially im-portant for AOT to fix these flaws if it continues to measure eco-nomic impact because AOT’s impact on tourists cannot be easily isolated from all of the other factors that affect tourists’ decisions about whether to visit the State. For example, n AOT is not the only tourism marketer in the State. Al-though AOT is the only entity which markets the entire state as a vacation destination, many other organizations and businesses also promote tourism to locations within Arizona. At the regional and local level, convention and visitors’ bu-reaus and chambers of commerce promote tourism to the ar-eas they represent. For fiscal year 2000, AOT estimates that it will spend nearly $9 million to promote statewide tourism, whereas the convention and visitors’ bureaus of Phoenix and Tucson together estimate they will spend approximately $13 million to promote their municipalities. Further, hotels and attractions necessarily promote travel to Arizona when they advertise themselves. With multiple entities promoting dif-ferent aspects of Arizona, it is difficult to determine how in-fluential any one organization’s marketing efforts are on a consumer’s decision to vacation in Arizona. n No direct sales means no direct economic data. Isolating the impact of AOT’s marketing effectiveness is especially dif-ficult because AOT does not sell a product or service for which sales can be tracked. Unlike hotels and attractions that sell services to tourists and can monitor their sales perform-ance, AOT markets the idea of vacationing in Arizona in or-der to motivate tourists to travel to the State. As a result, AOT has no direct knowledge of transactions it may have facili-tated. Finding III 29 OFFICE OF THE AUDITOR GENERAL The goal of AOT’s Domestic Media Ad-vertising program is: “to shape a positive image of Arizona which affirmatively motivates travelers to experience the diver-sity of the state.” Additional Measures Needed AOT should develop other measures to demonstrate its effec-tiveness in stimulating statewide tourism. AOT’s role is one of a facilitator that connects potential travel consumers with Arizona communities and businesses that make the tourism sales. To better reflect this role, AOT should develop additional performance measures. AOT’s role is a facilitator—AOT’s role is a facilitator who shares information with potential tourists, travel agents, tour operators, travel writers, and Arizona businesses and communities. The de-cision to act on the information and to transact the actual busi-ness of tourism rests with those AOT has interacted with, not with AOT itself. For example: n AOT’s advertising and travel information packets provide in-formation about the kinds of sites, attractions, and events available in Arizona. Tourists then deal directly with those sites and attractions if they select Arizona as their vacation destination. n Further, AOT’s trade marketing efforts provide information and tours to tour operators and travel agents who then de-cide whether to promote Arizona itineraries to their clients. More appropriate performance measures needed—To better demonstrate its effectiveness as a facilitator, AOT should de-velop more appropriate performance measures. Performance measures are important for indicating how well an agency is ful-filling its role. Further, by gathering performance measure in-formation, an agency can obtain feedback and information that is valuable for improving its operations. Following are examples of some areas where AOT should improve its performance meas-ures: n Advertising—AOT’s advertising program can better measure its role in generating consumer awareness and interest in Ari-zona as a place to vacation. None of the program’s current per- Finding III 30 OFFICE OF THE AUDITOR GENERAL The goal of AOT’s Inter-national and Domestic Trade Marketing pro-gram is: “to create a well-informed travel indus-try (i.e., travel agents, tour operators, and wholesalers) that ac-tively promotes Arizona to domestic and interna-tional tourists and travelers.” formance measures report the extent to which AOT’s advertis-ing increases consumer awareness of Arizona as a vacation destination or the diversity of the State’s attractions. AOT should report the percentage increase in consumer awareness and interest in Arizona as a result of AOT advertising. AOT can measure this kind of effectiveness through pre- and post-studies of its advertising campaigns, as other state tour-ism offices routinely do. AOT paid approximately $5,000 for a preliminary study of consumer awareness in key target markets prior to its 2000 advertising campaign. AOT plans to perform a post-test in order to gauge how effective the cam-paign was in increasing awareness and motivating consum-ers to travel to Arizona. AOT should consider performing this type of study regularly and report the results as a per-formance measure. n Trade Marketing—Further, AOT’s program in International and Domestic Trade Marketing can better measure its role in generating travel industry awareness and interest in Arizona as a tour destination. This program promotes Arizona travel itineraries to domestic and international tour operators and travel agents in several ways, such as providing tours of the State, exhibiting at trade shows, and contracting with interna-tional trade representatives. Despite its various promotional activities, Trade Marketing has only one performance meas-ure that indicates how much AOT pays in relation to its part-ners in sponsoring tours for travel industry representatives. However, this single measure does not indicate how well the program has familiarized the travel industry with Arizona. Trade Marketing should adopt an appropriate effectiveness measure for each of its major activities. For example, with lit-tle effort AOT could report the number of Arizona communi-ties and businesses with which Trade Marketing shared tour operator contact information obtained at trade shows. With greater effort, Trade Marketing Trade marketing could measure the success of its tours. Finding III 31 OFFICE OF THE AUDITOR GENERAL could also measure the success of the tours it offers to travel agents and tour operators. Trade Marketing staff could ob-tain feedback from tour attendees on whether they have cre-ated or marketed more trips to Arizona as a result of their tour. Trade Marketing should also report separate performance measures for international trade marketing efforts. If AOT obtained comparable and consistent data from each of its in-ternational trade representatives, AOT could measure the performance of each representative as well as AOT’s interna-tional trade efforts on the whole. Data from the international representatives could include the number of contacts made with international tour operators and the number of tour itineraries created as a result of representatives’ efforts to promote Arizona abroad. n Constituent interactions—Finally, in addition to improving program-specific measures, AOT should adopt measures that indicate the level of interaction it has with individuals and groups throughout the State. For example, in fiscal year 2000, AOT initiated a community outreach effort that in-volves AOT staff visiting 12 communities in 8 predominantly rural counties in order to help each community develop its own tourism marketing plan. AOT should quantify the amount of interaction its staff has with statewide constitu-ents. AOT already tracks the number of times staff meet with constituents and reports this total on a monthly basis to the Governor’s Office. AOT could consider evaluating these numbers at a regional or county level and report the annual number of constituent meetings by region/county as per-formance measures in order to demonstrate that AOT serves all areas of the State. Finding III 32 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should discontinue its current method of calculating economic impact performance measures since the methodol-ogy and assumptions it uses are flawed. If AOT wants to measure its return on investment for an individual advertis-ing, marketing, or fulfillment project, it should use appropri-ate methods and assumptions. 2. AOT should develop additional performance measures that reflect its facilitator role. Specifically, AOT should develop additional performance measures in the program areas of advertising and trade marketing, as well as for constituent re-lations. 33 OFFICE OF THE AUDITOR GENERAL FINDING IV AOT SHOULD CONDUCT REQUIRED LONG-RANGE PLANNING The Arizona Office of Tourism (AOT) needs to develop a statu-torily required long-range tourism plan for the State. The experi-ence of other states shows that long-range planning can help a state tourism agency better focus its marketing efforts. In devel-oping such a plan, AOT should work with tourism stakeholders to identify challenges, determine potential research areas, and develop specific goals and objectives. Current Planning Inadequate Although statute requires AOT to develop a long-range tourism plan, AOT has focused its efforts on other priorities. Lack of a long-range plan limits AOT’s ability to respond to strategic is-sues, such as the State’s ability to maintain its share of the tour-ism market. Other states have experienced positive benefits from their long-range planning efforts. AOT lacks a statutorily mandated long-range plan—AOT has not developed a long-range tourism plan, as statute requires. A.R.S. §41-2305(A) requires AOT to “perform research necessary to determine a long-range tourism development plan for this state.” However, AOT’s planning focus has been short-term, fo-cusing on how advertising dollars are spent each year. In addi-tion, AOT has chosen to pursue goals outside of a formal plan-ning process. For example, in recent years AOT’s priority has been to increase its funding and obtain dedicated funding through lodging taxes. Lack of long-range plan leaves AOT unable to respond to strate-gic issues—Without a long-range tourism development plan, AOT is unable to focus its efforts beyond immediate efforts, even though it has identified a need to deal with longer-term issues. Finding IV 34 OFFICE OF THE AUDITOR GENERAL For example: n In 1994, AOT identified competition from other states as a long-term strategic challenge. AOT still considers this an im-portant issue; however, it has not developed goals and objec-tives to address the problem. n In addition, AOT has recently expressed concern that Ari-zona’s tourism market share has declined. However, AOT has not conducted research to determine the cause nor de-veloped goals and action steps to address the problem. n Further, without established long-term priorities, AOT is not prepared to make the most effective use of the additional revenues it will receive as a result of recent legislative changes. Having established objectives for spending the ad-ditional revenues would help ensure that they are spent on areas that would address identified needs. Other states experience significant benefits from planning—In addition, long-range planning has proven beneficial for other states’ tourism marketing agencies. In 1999, the National Con-ference of State Legislatures concluded that states can greatly benefit from establishing comprehensive master plans for tour-ism development. For example, Connecticut determined that a long-term development plan was necessary because its market-ing efforts alone could not ensure that the state would continue to attract repeat visitors. One element of Connecticut’s plan in-volved outlining funding criteria to assist lending institutions in evaluating tourism-related proposals in order to encourage more investment. Further, according to a state tourism official, Wash-ington also benefited from fulfilling its planned enhancement of its travel writers program, experiencing a 60 percent increase in media coverage about the state. In addition, Nevada has success-fully fulfilled its long-term goal to draw visitors using Arizona’s Grand Canyon. Nevada achieved its goal to draw visitors using Ari-zona’s Grand Canyon. Finding IV 35 OFFICE OF THE AUDITOR GENERAL Additional Efforts Are Needed There are a number of steps AOT should follow to successfully fulfill its statutory mandate to develop a research-based long-range plan. n First, AOT should work with the Tourism Advisory Council and other tourism stakeholders to identify challenges facing the Arizona tourism industry, and establish agreed-upon priorities. AOT has not taken full advantage of the Tourism Advisory Council as a planning resource. n The next step in the planning process would be to determine the research needed to identify potential solutions to the chal-lenges facing Arizona’s tourism industry. AOT spends ap-proximately $190,000 on research each year, the majority of which is focused on supporting its research library and pro-viding statistical information. While this work fulfills some of AOT’s other statutory research responsibilities, this research does not assist AOT in making strategic decisions. For exam-ple, in 1998, AOT provided $40,000 to an Arizona tourism as-sociation for research on topics such as the state of the tour-ism industry in Arizona, and tourism’s impact on Arizona’s quality of life. Instead, AOT needs strategic information such as why a type of tourist is not currently visiting the State or the best ways to attract high-spending tourists. n Finally, AOT and its stakeholders need to use this research to establish specific goals and objectives and timetables for achieving them, as well as a process for monitoring progress. For example, Connecticut’s 1997 plan included two major ini-tiatives and 22 action steps. One initiative was to enhance tourism’s infrastructure, including transportation, informa-tion, and education. An action step associated with this initia-tive involved increasing the number of tourism educational programs to ensure a qualified workforce. As a result, Con-necticut now has a new four-year and several two-year tour-ism college programs. Strategic research would benefit AOT. Finding IV 36 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should develop a long-range tourism plan for Arizona by: a) Working with the Tourism Advisory Council and indus-try stakeholders to identify challenges and priorities for Arizona tourism; b) Determining research projects to support the develop-ment of a long-range plan; and c) Developing specific goals and objectives to address stra-tegic issues and a monitoring process with specific per-formance measures to assess progress. 37 OFFICE OF THE AUDITOR GENERAL OTHER PERTINENT INFORMATION During this audit, other pertinent information was obtained about how tourism promotion is structured and funded in other states and in Arizona. Recently, a number of states restructured tourism offices into innovative public-private partnerships with the tourism industry. Information is also provided regarding the traditional publicly operated structures and funding sources used by the other states. Finally, information is provided about other Arizona agencies with tourism responsibilities and fund-ing. New Public/Private Partnerships At least three states, Florida, California, and Colorado, have re-structured tourism efforts in recent years to develop innovative partnerships with industry and share responsibility for promot-ing tourism. These new approaches include contracting a tour-ism commission to market and operate tourism activities; self-imposed industry financial assessments; and voluntary funding of state tourism efforts by the industry. n Visit Florida—In 1996, Florida restructured its tourism ef-forts to create a public-private partnership. The Florida legis-lature abolished the division of tourism within the state de-partment of commerce and replaced it with a 31-member tourism commission. The commission identifies the tourism promotion programs and activities in a four-year marketing plan. The commission then contracts with a state-created, not-for-profit corporation to implement this plan. The Florida Tourism Industry Marketing Corporation operates under the name “Visit Florida.” Visit Florida administers the state’s domestic and international tourism activities, manages its welcome centers, and conducts research on tourism and travel trends. In addition to restructuring, Florida has also incorporated private sector funding into its new organization. Visit Florida Florida’s state tourism ef-forts are funded by the state and the private sector. Other Pertinent Information 38 OFFICE OF THE AUDITOR GENERAL must increase private sector financial support to match state funding on a dollar-per-dollar basis by the end of 2000, its fourth year of existence. Visit Florida encourages tourism in-dustry members to pay annual membership fees in exchange for advertising and promotional opportunities. The corpora-tion also offers advertising opportunities to private busi-nesses, which allows partners to cooperatively market the “Visit Florida” name and logo. Florida tourism activities are funded by both the state and private sector businesses. The state funds tourism from a trust fund, which is financed by proceeds from a $2 per day car rental surcharge and from private sector businesses con-tributing through the corporation. State appropriations for fiscal year 1999 were $22 million and private sector contribu-tions, including in-kind contributions, totaled $32.8 million. During fiscal year 1999, “Visit Florida” had operating ex-penses of $37.8 million and 87 full-time equivalent positions. n The California Tourism Marketing Act—California has similarly restructured to incorporate private sector funding. In 1995 the California legislature passed the California Tour-ism Marketing Act in response to a 1993 travel industry pro-posal to the Governor’s Task Force on Tourism Funding. Travel-related businesses approved the Act in a 1997 refer-endum. The California Travel and Tourism Commission, created by the Act, consists of 37 members (including the Secretary of Trade and Commerce), 24 elected by the travel industry and 12 appointed by the Governor. The commission determines how state-appropriated and industry-assessed funds will be spent by the California Division of Tourism. The Act includes an industry-imposed financial assessment on four categories of travel-related activities, including ac-commodations, restaurants and retail, attractions and recrea-tion, and transportation and travel services. The assessment is $450 for every $1 million a business generates in travel and tourism revenue. Any business failing to report its revenues is subject to penalties of 10 percent of its assessment plus in-terest, as well as a civil penalty of up to $10,000 for filing false information. California’s state tourism ef-forts are funded in part by industry financial assess-ments. Other Pertinent Information 39 OFFICE OF THE AUDITOR GENERAL For fiscal year 1999, the assessment generated $5.7 million and the State contributes $7.3 million annually to fund state tourism marketing efforts. The program’s goal is to eventu-ally raise $25 million annually for state tourism marketing, with the legislature continuing to appropriate the current $7.3 million annually. n The Colorado Travel and Tourism Authority—In contrast to California, Colorado’s tourism promotions are funded by voluntary industry assessments and some state funding. The privately funded Colorado Travel and Tourism Authority (CTTA) replaced the state-funded Colorado Tourism Board after residents voted to not reauthorize the state tourism tax that initially funded the Board. The CTTA relied on volun-tary funding from tourism-related businesses to replace the $12 million previously allocated from the tourism tax. How-ever, it was not able to garner the financial support necessary to take over the role of the State Tourism Board as not all businesses were contributing to the cost of promoting tour-ism. Therefore, in 1997, the Colorado legislature revived the State Tourism Board with a $2.1 million state appropriation to supplement private sector funding and tasked the board with overseeing the CTTA, which contracts with the state to provide tourism information. In March of 1999 the Colorado legislature approved a $5 million appropriation for promot-ing tourism. Traditional Organizational Structures and Funding Mechanisms In contrast to the public/private tourism promotion efforts dis-cussed above, most states include tourism functions as a part of another office or agency with related responsibilities and fund tourism through a variety of public appropriations. States structure tourism promotion efforts in many ways— Typically, tourism promotion has been the responsibility of a state agency. States generally structure tourism functions within the state agency responsible for business development or commerce or in another state agency with related responsibilities. Voluntary funding from Colorado’s tourism industry was low. Other Pertinent Information 40 OFFICE OF THE AUDITOR GENERAL However, there are some states, such as Arizona, that operate tourism offices which are independent of other agencies. In addi-tion, there are several states that operate tourism offices in con-junction with or under the authority of tourism commissions or state tourism corporations. n Agency program—The majority of states include their tour-ism promotion activities within a larger state agency. Most (32 states) assign tourism responsibilities and staff within the agency responsible for trade, commerce, or economic devel-opment. In addition, 5 states operate tourism offices as a part of various other agencies which have related functions such as parks, jobs, recreation, or transportation. n Independent agency—Eight states, including Arizona, op-erate independent or cabinet-level tourism offices. n Corporations—Virginia and Rhode Island include tourism offices under state-operated nonprofit entities. The Virginia Tourism Corporation is a nonprofit authority which is a po-litical subdivision of the state. Tourism functions in Rhode Island are the responsibility of the Rhode Island Economic Development Corporation, which replaced the Rhode Island Department of Economic Development. n Commissions—Seven states operate tourism commissions in addition to state tourism offices. Tourism commissions in some states advise governors and legislatures on tourism-related issues. The duties performed by commissions vary by state. For example, the Nevada Commission on Tourism op-erates the state tourism office, and commissions in West Vir-ginia and Oregon appoint the tourism office director. Most states fund tourism with traditional revenue sources— States use a variety of public funding sources to support tourism including various dedicated taxes, legislative appropriations, and lottery/gaming revenues. n State General Fund—Twenty-one states rely on general fund revenues to support publicly funded tourism efforts. One state, Ohio, supplements state funding with revenue re-ceived through federal grants. In most states, the agencies responsible for commerce also handle tourism promo-tion. Other Pertinent Information 41 OFFICE OF THE AUDITOR GENERAL n Dedicated Public Funding from Taxes—Nineteen state tourism offices receive a portion of their public funding through other dedicated taxpayer-funded appropriations. Twelve of these states fund tourism offices partially or wholly through lodging or room taxes. Until the 2000 legisla-tive session, Arizona funded its office partially through a bed tax. In 1998, total taxes on lodging, when combined with ex-isting state and local taxes, ranged from a high of 15.6 percent in Seattle, Washington, to a low of 4 percent in Bozeman, Montana. As of May 2000, the total tax in Phoenix is 10.67 percent. Four states that do not impose lodging taxes pay tourist office costs by dedicating sales tax or assessing taxes on other businesses such as restaurants, car rentals, and ad-missions to tourist attractions. Three other states receive part of their funding from road or highway funds. n Industry Funding, Sales, and Logos—In addition, six states fund tourism activities with private funding or sales revenues. Three of these states obtain a portion of their budget from the tourism industry and three generate reve-nue from sales at welcome center vending machines or sales of novelty items and logos. n Lottery/Gaming Revenues—Four states use lottery or gam-ing revenues to fund tourism activities. Lottery revenues in Kansas, Oregon, South Dakota, and West Virginia are used for tourism. Arizona Tourism Past and Future Information regarding the Arizona state agencies with tourism responsibilities and recent legislative changes that modified AOT’s funding is provided below. Several agencies in Arizona involved with tourism—The Ari-zona Office of Tourism is not the only agency in the State in-volved with tourism. n Department of Commerce—Originally one agency was re-sponsible for both tourism and economic development. Tour-ism duties were transferred from the Governor’s Office of Most states’ tourism efforts are publicly funded from specific taxes. Other Pertinent Information 42 OFFICE OF THE AUDITOR GENERAL Economic Planning and Development (now the Arizona De-partment of Commerce) when the Office of Tourism was cre-ated. However, A.R.S. §41-1504 directs the Arizona Depart-ment of Commerce to establish and oversee export and im-port trade and tourism offices in the Far East, Mexico, Europe, Japan, and Canada, although the Department does not currently have tourism offices. Additionally, the Arizona Department of Commerce currently operates a Rural Tour-ism Development (RTD) program to help communities achieve a sustainable tourism industry and assist them with organizing their tourism efforts. n Arizona Highways Magazine—Both the Arizona Office of Tourism and Arizona Highways Magazine’s missions include bringing travelers to Arizona. Arizona Highways Magazine is a self-funded entity that promotes Arizona through the sale of the magazine, books, calendars, and maps. A 1999 guide published by the National Conference of State Legislatures noted that state magazines are one means to provide infor-mation to state visitors. The guide stated that according to the Arizona Department of Transportation, Arizona Highways, with a circulation of 400,000, is one of the State’s best tools for promoting tourism. n State Parks—Although not directly charged with promoting tourism, the State Parks Board is responsible for administer-ing and promoting Arizona’s state parks. Because many state parks are major tourist attractions, AOT works closely with the State Parks Board. AOT provides information on state parks and Internet links to the Arizona State Parks Internet site. In 1999, the opening of Kartchner Caverns State Park generated significant interest and has resulted in a high de-mand for tours. AOT funding amended—During the 2000 legislative session, leg-islation was passed that changed the way the AOT is funded. Legislation included increasing AOT’s funding as part of a pro-posal to build a stadium and designating dedicated sales tax revenues for funding AOT. n The Stadium Proposal—Legislation was passed to refer to voters a proposal to fund a new stadium that includes an in-crease in funding to state tourism from a car rental surcharge Arizona Highways Maga-zine provides tourist infor-mation. Other Pertinent Information 43 OFFICE OF THE AUDITOR GENERAL and hotel tax revenues collected in Maricopa County. Under this proposal, AOT will receive an estimated additional $4 million dollars in the first year of funding with 5 percent in-creases annually. The implementation of this legislation is dependent on a public vote in November 2000. n Dedicated Funding—Two other proposals were introduced in the 2000 legislative session to change AOT’s funding for-mula. Historically, AOT has received its funding from the General Fund and a portion of the revenues collected through the lodging tax. One proposal passed by the Legisla-ture in the 2000 session eliminates AOT’s general fund ap-propriations and replaces them with dedicated funding de-rived from taxes generated from lodging taxes. For fiscal year 2002, it is estimated that AOT will receive $9.2 million. This legislation will be repealed if the stadium proposal is ap-proved by the voters. The proposal that was not passed by the Legislature also included dedicated funding, but addi-tionally increased the percentage of the taxes AOT would re-ceive, essentially doubling AOT’s budget. 44 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 45 OFFICE OF THE AUDITOR GENERAL SUNSET FACTORS In accordance with A.R.S. §41-2954, the Legislature should con-sider the following 12 factors in determining whether the Ari-zona Office of Tourism (AOT) should be continued or termi-nated. 1. The objective and purpose in establishing the agency. The purpose of the Arizona Office of Tourism (AOT) is to promote and develop tourism in the State of Arizona. AOT was established by the Legislature in 1978 and its mission is “to expand the volume of tourism activity and related expenditures in the state in order to enhance the economy, the stability of the work force and the standard of living for all Arizonans.” AOT has a number of statutorily required duties that in-clude promoting and developing tourism business; plan-ning and developing a campaign to promote statewide attractions; and conducting research necessary to 1) estab-lish the Office as the central repository and clearinghouse for all tourism-related data, 2) determine a long-range tourism development plan for Arizona, and 3) provide in-formation to the Governor, the tourism industry, and the public. 2. The effectiveness with which the agency has met its objective and purpose and the efficiency with which the agency has operated. Although AOT has demonstrated its efficiency and effec-tiveness in some areas, it can improve in others. In 1999, the National Council of State Tourism Directors awarded three first-place prizes to AOT’s most recent advertise-ment campaign. In addition, AOT has been successful in fostering cooperation within the tourism industry through its support of the Arizona Tourism Alliance, an Sunset Factors 46 OFFICE OF THE AUDITOR GENERAL association of tourism businesses and organizations. Fur-ther, AOT has obtained private sector in-kind contribu-tions to support its efforts. Finally, auditors’ interviews with tourism stakeholders indicated that they are gener-ally satisfied with AOT’s efforts. However, this audit identified several ways AOT can im-prove its efficiency and effectiveness. n First, AOT should improve its contracting practices. Many of AOT’s contracting practices violate state pro-curement statutes, rules, and accounting guidelines. For example, some AOT contracts were never com-petitively bid. In addition, AOT has used its advertis-ing contract to avoid complying with procurement requirements (see Finding I, pages 9 through 18.) n Second, AOT should adopt additional performance measures to demonstrate its effectiveness in helping market Arizona to tourists. Some of AOT’s current performance measures are based on flawed method-ologies and assumptions. Improving the methods is important if AOT continues to measure its economic impact. Further, AOT should develop additional per-formance measures that reflect its effectiveness in working with tourists, the travel industry, and com-munities to facilitate tourism (see Finding III, pages 25 through 32). n Third, AOT should develop a long-range tourism plan. Long-range planning and research is mandated by state statute; however, AOT’s planning efforts have focused on short-term rather than long-term goals. AOT needs to work with tourism stakeholders to identify strategic issues, determine necessary re-search projects, and establish goals and objectives as part of a formal long-range planning process (see Finding IV, pages 33 through 36). Sunset Factors 47 OFFICE OF THE AUDITOR GENERAL 3. The extent to which the agency has operated within the public interest. AOT operates in the public interest by sharing Arizona tourism information and research with potential tourists, businesses, and Arizona communities. For example, AOT’s Trade Marketing Program staff attend national and international tourism trade shows to provide travel agents and tour operators with information about Ari-zona attractions. AOT then shares the trade show con-tacts they make with Arizona convention and visitors’ bureaus. In addition, AOT offers the Tourism Investment Funds Sharing Program (TIFS) to assist in the development of tourism promotion projects at the local level. The TIFS program provides matching funds to nonprofit organiza-tions, government organizations, and statewide associa-tions involved in promoting a destination in Arizona. However, AOT failed to act in the public interest by in-appropriately becoming a member of a limited liability company. In fiscal years 1998 and 1999 AOT provided a total of $60,000 to this limited liability company. The company subsequently purchased a Web site address. AOT’s participation exceeded its statutory authority and is unconstitutional. Article 9, §7 of the Arizona Constitu-tion prohibits state agencies from being a shareholder in, and providing monies to, a company or corporation (see Finding II, pages 19 through 23). In addition, AOT has not operated in the public interest by failing to competitively bid many of its contracts and by using its advertising contract to avoid the procure-ment process. Because a competitive bidding process was not used for many contracts, AOT may be spending more monies than needed for some services. Further, because AOT has used its advertising contract to avoid the pro-curement process, past and future bidders may be im-pacted (see Finding I, pages 9 through 18). Sunset Factors 48 OFFICE OF THE AUDITOR GENERAL 4. The extent to which rules and regulations promul-gated by the agency are consistent with the legisla-tive mandate. AOT promulgates rules pursuant to A.R.S. §41-2304(B)(5). Arizona Administrative Code R20-3-101 through R20-3- 104 deals with joint ventures including definitions, pro-cedures, standards for participants, and conditions of par-ticipation. In addition, the Governor’s Regulatory Review Council (GRRC), at the request of the Office of the Auditor Gen-eral, reviewed the Board’s statutes and determined that AOT has promulgated some, but not all, of the rules nec-essary to carry out its statutory provisions. GRRC deter-mined that the following additional rules may be neces-sary: n Rules addressing policies or programs to promote tourism pursuant to A.R.S. §41-2305(A)(5) that require AOT to “formulate policies, plans and programs de-signed to promote tourism in this state.” n Rules concerning how an agency or person makes a gift or a grant, or the recording and reporting mecha-nisms that will be used to track the source and amount of gifts and grants pursuant to A.R.S. §41- 2305(B)(6). This statute allows AOT to “accept gifts, grants, matching funds and direct payments from public or private agencies or persons for the conduct of programs which are consistent with the general purposes and objectives of this chapter.” n Rules regarding the establishment of a monitoring system including who is to report when and in what manner pursuant to A.R.S. §41-2305(B)(10), which re-quires AOT to “establish a reporting system for public agencies and private persons or enterprises in order to monitor state tourism.” n Fee rules pursuant to A.R.S. §41-2305(B)(11) that allow AOT to “charge reasonable fees for services and pub-lications.” Sunset Factors 49 OFFICE OF THE AUDITOR GENERAL 5. The extent to which the agency has encouraged in-put from the public before promulgating its rules and regulations, and the extent to which it has informed the public as to its actions and their expected impact on the public. The public has not had a recent opportunity to comment on the adoption of rules. On March 4, 1997, the Gover-nor’s Regulatory Review Council approved AOT’s five-year rules review report, and the proposed rule amend-ments. The next five-year review report is due in October 2001. AOT has not adequately complied with Open Meeting Laws regarding posting public meeting notices for the Tourism Advisory Council. Auditors’ contact with the Secretary of State’s Office in December 1999 revealed that AOT was not in compliance with the Open Meeting Law requirement that boards and commissions file a state-ment with the Secretary of State’s Office providing the lo-cation where their public meeting notices will be posted. AOT has since notified the Secretary of State regarding the location where it will post public meeting notices. 6. The extent to which the agency has been able to in-vestigate and resolve complaints that are within its jurisdiction. This factor is not applicable because AOT does not have investigative or regulatory authority. 7. The extent to which the attorney general or any other applicable agency of state government has the au-thority to prosecute actions under the enabling legis-lation. This factor is not applicable because AOT is not a regula-tory agency with enforcement or oversight responsibili-ties. Sunset Factors 50 OFFICE OF THE AUDITOR GENERAL 8. The extent to which the agency has addressed defi-ciencies in the enabling statutes that prevent it from fulfilling its statutory mandate. AOT has not sought any recent changes to its enabling statutes. However, legislation was passed during the 2000 legislative session that may increase AOT’s funding and provided dedicated funding through lodging taxes (see Other Pertinent Information, pages 37 through 43). 9. The extent to which changes are necessary in the laws of the agency to adequately comply with the fac-tors listed in the Sunset Laws. This audit does not make any recommendations for statu-tory changes. 10. The extent to which termination of the agency would significantly harm the public health, safety, or wel-fare. Terminating AOT would not significantly harm the pub-lic health, safety, and welfare of Arizona citizens. Al-though AOT is the only entity that promotes Arizona statewide, many other public and private entities are in-volved in promoting tourism. However, all 50 states cur-rently fund some level of tourism promotion. This report provides additional information regarding how Arizona and other states organize and fund their tourism promo-tion efforts (see Other Pertinent Information, pages 37 through 43). 11. The extent to which the level of regulation exercised by the agency is appropriate and whether less or more stringent levels of regulation would be appro-priate. AOT is not a regulatory agency, thus this factor does not apply. Sunset Factors 51 OFFICE OF THE AUDITOR GENERAL 12. The extent to which the agency has used private con-tractors in the performance of its duties and how e f-fective use of private contractors could be accom-plished. AOT relies on private contractors to a great extent. In fis-cal year 2000, AOT estimates that 83 percent of total ex-penditures, including salaries, will be for private contrac-tors. AOT currently uses private contractors for such ser-vices as advertising, marketing Arizona in international markets, the operation of a call center to provide tourism information, research activities, public relations, and pro-duction of guidebooks and maps. This audit identifies several problems and makes recom-mendations concerning AOT’s contracting practices (see Finding I, pages 9 through 18). 52 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) OFFICE OF THE AUDITOR GENERAL Agency Response Auditor General Comments to Agency Response Agency Response OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) OFFICE OF THE AUDITOR GENERAL The Auditor General’s Comments On the Audit Response from the Arizona Office of Tourism The following response from the Arizona Office of Tourism (AOT) contains both inaccurate and mis-leading statements, particularly with regard to the report’s first two Findings. To ensure that the reader has all the information pertaining to the issues in this report, we provide the following comments. Finding I: We identified 16 purchases in which AOT exceeded its purchasing authority without seeking competi-tive bids. Seven of these purchases exceeded $100,000. The AOT response attempts to characterize many of these purchasing violations as either payments for trade association dues or as sole source purchases. However, at least two of what AOT appears to characterize as “dues” payments actually were used to primarily purchase research and two “dues” payments were actually AOT’s contribution to the Limited Liability Company of which it illegally became a member. With regard to sole source purchases, the following facts should not be ignored. 1) AOT is not exempt from the State Procurement Law. 2) AOT never received, as required by law, permission from the State Procurement Office to make sole source purchases. 3) Although AOT states that it was “inconsistent” in documenting the need for, and approval to make, sole source purchases, AOT could not provide our Office with any such documentation when we requested it during the audit. With regard to the improper use of subcontracts to circumvent the purchasing process, AOT’s response fails to acknowledge that two high-level AOT employees told auditors during the course of the audit that one reason AOT subcontracted services through its advertising contractor was to avoid procure-ment requirements. Finding II: The AOT response suggests that AOT was included as a member of a Limited Liability Company (LLC) without its consent or knowledge. This position ignores the following facts: 1) billing records from the legal firm serving the LLC show that the firm contacted an AOT employee prior to filing the articles of incorporation and provided him a copy of the articles after they were filed. 2) This same AOT employee was later listed as presi-dent of the LLC on company documents. 3) Although we had several conversations and obtained numerous documents from AOT employees during the course of the audit relating to the LLC, no AOT employee raised the issues contained in this response until after receiving the draft report. 4) A former company official stated AOT was aware of and did consent to its membership in the company. OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) ARIZONA OFFICE OF TOURISM RESPONSE TO PERFORMANCE AUDIT SUBMITTED TO OFFICE OF THE AUDITOR GENERAL August 18, 2000 1 Arizona Office of Tourism Response to Report Highlights August 18, 2000 Under Arizona Revised Statutes 41-2952, the Office of the Auditor General (OAG) conducts reviews under the “Sunset Law” for the purpose of providing the Arizona Legislature with information necessary “for determining if the merits of a program justify its continuation rather than termination.” The Arizona Office of Tourism acknowledges and appreciates the efforts of the OAG is conducting this performance review as such. AOT further appreciates the recommendations for agency improvements in efficiency and effectiveness as presented in the report, and is already proceeding with the implementation of policies and procedures not previously in place. However, AOT considers the OAG’s critical findings to be disconcerting, particularly with regard to the selective use of information that creates inaccurate or misleading conclusions and impressions. AOT appreciates the opportunity to supply other pertinent information in the interest of a balanced interpretation of the issues. Our Conclusions:It is noted with appreciation that the OAG, in its principally intended focus within this review on AOT’s primary marketing programs, found no issues of inefficiency suitable for documentation in the report. With regard to the findings that are documented, AOT finds it appropriate to respond as follows: Procurement Code Issues Overstated The OAG has misrepresented AOT’s procurement activity by mis-categorizing sole source providers and by targeting a handful of necessary trade association dues payments where approval to exceed usual purchasing limits was, unfortunately, not fully documented. The OAG’s interpretation of AOT procurement problems avoids review of the complicated circumstances AOT and all other tourism offices must function under, thus providing an unbalanced picture of AOT’s unique procurement needs. While AOT was inconsistent in its efforts to retain procurement documentation concerning these unique industry association memberships and sole-source vendors, the measures to correct this situation are well underway. While AOT admits to some administrative processing inconsistencies with regard to the items specified in the review, and is taking appropriate corrective action, we note and appreciate that there are no items cited which constitute any misuse of funds or other serious fiscal wrongdoing by the agency. On the contrary, virtually all of the items cited represent programs of significant effectiveness and value to the State, as elaborated upon in the full response. 2 AOT appreciates and will heed the OAG’s recommendations for fully documenting the basis for all its purchasing and contracting practices under the procurement code, and that it obtain procurement training as necessary. AOT has already initiated discussions with the State Procurement Office to address the findings in this report. “Illegal Company” Incorrect and Misleading AOT, and three non-profit community destination marketing organizations joined together in an association to develop a website for the benefit of their common public missions. The association retained legal counsel to assist in the formation of the entity, and, as such, to assure abidance with all state laws in the interests of, and on behalf of, all of the participating partners. It is by no means clear as a legal matter that the OAG may assert that AOT acted in violation of the state constitution with its participation in the limited liability company that was formed. Article 9, Section 7 of the Arizona Constitution, referenced in this finding, is called the “gift clause.” The intent of the gift clause is to prevent “public funds from being used to foster or promote the purely private or personal interests of any individual.” This intent was clearly adhered to in this situation. The public received a value much greater than what was paid by AOT into this organization, in which case the gift clause was further complied with. The State has gained hundreds of thousands of dollars in net value from AOT’s involvement in this venture, and this public gain is continuing. The website’s current publisher/host has itself invested over $500,000 in the project in just the past two years. Additionally, the economic impact benefit provided by visitors to Arizona who are motivated by the website, which receives nearly one million page views per month, is certainly significant. Furthermore, this finding’s allegation that AOT violated statute prohibiting state agencies from employing legal counsel other than the state Attorney General, is factually unfounded. Counsel to the organization in question can verify that it never was employed by AOT. When AOT’s actions in this matter are considered in view of what the overall goal of the venture was, they can be regarded as completely consistent with its non-profit goals and purposes, and with the intent of the constitution’s gift clause. The implication in the finding that AOT took deliberate illegal action in this venture is terribly inappropriate. AOT does acknowledge and appreciate the OAG’s recommendation that it should seek the advice of the Attorney General regarding entering such agreements. Performance Measures AOT is constantly seeking ways to improve upon its monitoring procedures, and appreciates the OAG’s recommendations for additional performance measures. AOT does not agree, though, that its measurement of economic impact and the related return on investment value of its programs is not reliable or valid. See detailed response document. 3 Long Range Plan Needed… …But the lack of one does not prevent AOT from addressing strategic issues. See detailed response document. AOT appreciates the OAG’s reference to the importance of long-range planning, but must note that statute does not specifically require AOT to develop a long-range tourism development plan, as the report suggests. It does require AOT to “perform research necessary to determine a long-range tourism development plan for the state.” AOT has been conducting such research in partnership with the state tourism industry for the past three years. This research serves as the necessary preparation for the long-range planning that is currently underway. AOT and its board, the Governor’s Tourism Advisory Council, in partnership with the Arizona Tourism Alliance, have cooperatively undertaken this initiative. Though the OAG’s report omits review of AOT’s long-range research and planning efforts, AOT acknowledges the recommendation that it should work with the Arizona tourism industry to develop a plan, and notes that it is underway. 4 Arizona Office of Tourism Response to Performance Audit August 8, 2000 Under the Sunset review statutes, the Joint Legislative Audit Committee authorized the Office of the Auditor General (the “OAG”) to conduct a performance audit of the Arizona Office of Tourism (the “AOT”). At the outset of the process, the OAG advised AOT of its intent to conduct a program review of AOT’s main marketing programs including: (1) Domestic Media Advertising, (2) Travel Counseling and Direct Mail Marketing, (3) International and Domestic Trade Marketing and (4) Media Promotion and Communications. According to the OAG, a program evaluation assesses a program’s “effectiveness and evaluates whether desired outcomes are being achieved.”1 At the end of this process AOT notes that the audit report offers minimal evaluation of the Office’s core marketing activities. During discussions with the Auditor General and the performance audit staff, it was noted that the Legislature has directed the OAG to principally focus its efforts on the identification of areas of inefficiency, and the delivery of related problem solving recommendations. Based on this understanding of OAG’s mandate and its 10 month review of AOT’s operations, we appreciate and are pleased that the performance audit team identified no basis for recommending significant modifications or improvements to AOT”s core marketing activities. We also appreciate the limited recognition of program effectiveness that the report does expressly provide. AOT received top recognition among all state tourism offices for its most recent marketing campaign, and had received various related awards during the immediate prior years. Additionally, AOT enjoys significant support from the Arizona tourism industry, particularly in terms of wide spread cooperation and participation in its marketing programs, including considerable in-kind private contributions to leverage AOT program funding. This industry support and participation is further reflected in the audit’s finding of satisfaction with AOT’s marketing activities among tourism stakeholders. AOT appreciates the constructive spirit of the audit’s recommendations for potential improvements, and is implementing those recommendations as appropriate. This response reviews the more critical findings regarding the administrative process surrounding certain vendor relations, organizational memberships, performance measures, and long-term planning initiatives. 1 Summary of Performance Audit Division of the Office of the Auditor General located at the Internet address, www.auditorgen.state.az.us/PAD.htm (January 18, 2000). 5 Response to Findings I - IV I. Interpretations under Procurement Code and Contractual Language Create Confusion Purchases Covered by Widely Recognized Exceptions to Procurement Code In reviewing all of the procurements identified by the OAG, most of the contracts represented unique opportunities with a particular vendor exclusively situated to provide the proposed services. For example, six of the contracts represented annual membership dues for participation in industry associations. AOT has long-standing support, participation and cooperation with industry associations including national (e.g. Travel Industry Association of America), regional (e.g. Western States Tourism Policy Council), and state (e.g. Arizona Tourism Association, Arizona Tourism Internet Partners, etc.) tourism organizations. In each of the six instances noted, AOT made payment of annual membership dues to an organization for services simply not duplicated by any other entity. Another seven contracts included purchases of marketing services from vendors with some combination of unique marketing vehicles, distinct audience, copyrighted research, and/or exclusive channels of distribution. AOT believes that each one of these purchases would have been entirely appropriate within the scope of services expressly recognized by its marketing contract. However, the agency determined that direct contracts for the unique services offered the most cost-effective manner of obtaining the services. Once again, each of the purchases represented a unique mix of services simply not offered by any other vendor. AOT believed that it appropriately documented the justification for purchases where a vendor was either clearly unique or offered unique marketing services which could have otherwise been procured under AOT’s marketing/advertising contract. In any event, under similar circumstances the State Procurement Office (the “SPO”) authorizes procurement waivers when appropriate and allowed by law. Procedures have already been put in place by AOT to properly document and obtain competition or appropriate procurement waivers, to address the findings in the report, and otherwise. The OAG has misrepresented AOT’s procurement activity by mis-categorizing sole source providers and by targeting a handful of necessary trade association dues payments where approval to exceed purchasing authority was, unfortunately, not consistently documented. The OAG’s review omits consideration of the complicated circumstances AOT and like tourism offices must function under, thus providing an unbalanced assessment of AOT’s unique procurement needs. The great value accrued to the state through AOT’s leveraged involvement in many of these programs should not be left unrecognized. Issues such as these suggest that a full review of AOT’s unique role as a marketing entity for the state and the related special procurement provisions that should be considered may be in order. The finding with regard the AOT’s use of its advertising contract is dependent on the interpretation of contract language and the intent at the time of the agreement. AOT notes that marketing agreement was contracted though formal bid procedure conducted by SPO. The 6 language was developed under the advice of SPO. AOT notes that the advertising agency contract does expressly provide for a broad scope of work, which essentially provides for the advertising agency to serve as a “marketing” agency, conducting all such services for the State as advertising agencies commonly conduct for their clients. AOT notes that the OAG reviewed the original contract with the same agency as part of its sunset audit in 1995. At the time, the OAG concluded that “the agency has substantially clarified the terms of its current contract.” Based on this finding, the revisions the OAG now suggests (e.g. expressly listing all services and sub-contractors, establishing a total limit on contract size, etc.) seem a significant departure from the structure of the current contract. While AOT acknowledges that the benefit of hindsight always raises the potential for improvements, AOT does not feel that the cited activities of the agency violate procurement policy, given its understandings with SPO as they evolved through the bid process and beyond. The advertising contract is due for re-bidding in the near future. The contract will be reviewed with SPO with the issues raised in this audit included as key considerations. As such, AOT does not agree with the finding’s implication that it knowingly “violated” procurement policy. AOT acknowledges inconsistencies with regard to specific administrative procedures within procurement policy, and has implemented internal measures and is working with SPO to correct the problem in this area. However, the agency has in fact conducted its business in the areas cited in compliance with the intent and spirit of state procurement policy, and with integrity. Because of the nature of AOT’s destination marketing mission, the agency has procurement needs unique to state government, particularly with respect to its need for flexibility in order to be able to respond effectively and efficiently in a dynamic and highly competitive marketing environment. AOT is grateful for the opportunity to explain its operations and rebut the severity of the OAG’s conclusion concerning procurement. II. AOT’s Membership in a Statewide Internet Marketing Association Generated Great Benefit and Value to the State With the emergence of the World Wide Web on the Internet in 1994, AOT and other major Arizona tourism marketing organizations recognized the inevitable importance of this new medium as a significant marketing channel for the tourism industry. After strategic discussions through the middle of 1995, the group of marketing organizations collectively concluded that a coordinated presence on the Internet represented the strongest marketing position for all participants involved in marketing travel to the state of Arizona. A single site could aggregate content from every type of travel destination marketing organization (e.g. the state, cities, community chambers of commerce and convention and visitor bureaus, attractions, lodging establishments, etc.) where travelers could find all planning materials for their trips throughout Arizona. Additionally, the tourism marketing organizations recognized that their collective presence would represent critical mass in an otherwise fragmented environment, and anticipated that such coordination would allow them to negotiate free web site development and site hosting services. 7 As part of a joint procurement process during the summer and fall of 1995, the original six tourism marketing organizations secured a winning bid from a publishing company for free web site development for the initial participants, as well as free web hosting for all initial and future participants in the site. The web site debuted at the web address “ArizonaGuide.com” (the “ArizonaGuide”) in January of 1996. ArizonaGuide enjoyed significant support from the travel industry growing to include more than 20 community marketing organizations by 1997. In addition to free web site hosting for the communities’ chambers of commerce and convention and visitor bureaus,
Object Description
TITLE | Performance audit, Arizona Office of Tourism |
CREATOR | Office of the Auditor General |
SUBJECT | Arizona---Office of Tourism--Auditing; Tourism--Auditing; |
Browse Topic |
Government and politics |
DESCRIPTION | This title contains one or more publications |
Language | English |
Publisher | Office of the Auditor General |
Material Collection | State Documents |
Source Identifier | LG 6.2:R 36 |
Location | o45007397 |
REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library |
Description
TITLE | Performance audit, Arizona Office of Tourism |
DESCRIPTION | 85 pages (PDF version). File size: 530 KB |
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Text |
RIGHTS MANAGEMENT | Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution. |
DATE ORIGINAL | 2000-08 |
Time Period |
2000s (2000-2009) |
ORIGINAL FORMAT | Born Digital |
Source Identifier | LG 6.2:R 36 |
Location | o45007397 |
DIGITAL IDENTIFIER | 00-11.pdf |
DIGITAL FORMAT | PDF (Portable Document Format) |
REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library. |
File Size | 541730 Bytes |
Full Text | State of Arizona Office of the Auditor General PERFORMANCE AUDIT Report to the Arizona Legislature By Debra K. Davenport Auditor General August 2000 Report No. 00-11 ARIZONA OFFICE OF TOURISM The Auditor General is appointed by the Joint Legislative Audit Committee, a bipartisan committee composed of five senators and five representatives. Her mission is to provide independent and impar-tial information and specific recommendations to improve the operations of state and local government entities. To this end, she provides financial audits and accounting services to the state and political subdivisions and performance audits of state agencies and the programs they administer. The Joint Legislative Audit Committee Representative Roberta L. Voss, Chairman Senator Tom Smith, Vice-Chairman Representative Robert Burns Senator Keith Bee Representative Ken Cheuvront Senator Herb Guenther Representative Andy Nichols Senator Darden Hamilton Representative Barry Wong Senator Pete Rios Representative Jeff Groscost Senator Brenda Burns (ex-officio) (ex-officio) Audit Staff Melanie Chesney—Manager and Contact Person (602) 553-0333 Suzanne Marette—Audit Senior Ryan Curtis—Staff Cathleen Akers—Staff William Parker—Staff Copies of the Auditor General’s reports are free. You may request them by contacting us at: Office of the Auditor General 2910 N. 44th Street, Suite 410 Phoenix, AZ 85018 (602) 553-0333 Additionally, many of our reports can be found in electronic format at: www.auditorgen.state.az.us 2910 NORTH 44th STREET • SUITE 410 • PHOENIX, ARIZONA 85018 • (602) 553-0333 • FAX (602) 553-0051 DEBRA K. DAVENPORT, CPA AUDITOR GENERAL STATE OF ARIZONA OFFICE OF THE AUDITOR GENERAL August 23, 2000 Members of the Legislature The Honorable Jane Dee Hull, Governor Mr. Mark McDermott, Director Arizona Office of Tourism Transmitted herewith is a report of the Auditor General, A Performance Audit of the Arizona Office of Tourism. This report is in response to a June 16, 1999, resolution of the Joint Legislative Audit Committee. The performance audit was conducted as part of the Sunset review set forth in A.R.S. §41-2951 et seq. I am also transmitting with this report a copy of the Report Highlights for this audit to provide a quick summary for your convenience. As outlined in the last page of its response, the agency states that it agrees with and will implement 15 of the 16 report recommendations. However, given the positions outlined in the body of the agency response, it is clear that the agency does not accept this report’s findings, including those involving statutory violations. Further, the agency response contains some statements that are inaccurate or misleading. To ensure that our readers are fully informed of all the facts, we have included brief comments on the agency response immediately preceding the response. My staff and I will be pleased to discuss or clarify items in the report. This report will be released to the public on August 24, 2000. Sincerely, Debbie Davenport Auditor General Enclosure OFFICE OF THE AUDITOR GENERAL Program Fact Sheet Arizona Office of Tourism Services: This report addresses four closely related programs that in fiscal year 2000 be-came subprograms of the Tourism Promotion program: n Domestic Media Advertising, which creates and places advertisements in print and broadcast media promoting Arizona; n Travel Counseling and Direct Mail Marketing, which operates a contracted call center that responds to requests for Arizona travel planning information; n International and Domestic Trade Marketing, which promotes Arizona as a travel desti-nation to tour operators and travel agents and assists them in creating pre-packaged tours; and n Media Promotion and Communications, which assists media contacts in developing arti-cles and broadcasts about Arizona. Facilities: All four programs occupy space within the office suite leased by the Arizona Office of Tourism at 2702 North Third Street in Phoenix. Equipment: All four programs own or lease only typical office equipment. Revenue: $8,849,300 (Fiscal Year 2000 est.) Other Agency Programs $2,617,400 Domestic Media Advertising $3,630,100 Travel Counseling $1,301,800 International and Domestic Trade Marketing $900,000 Media Promotion $400,000 All agency funding is from the General Fund. Programs— Mission and Goal: Domestic Media Advertising: Mission: “To create awareness of Arizona as well as stimulate interest and motivation levels of travelers in key target markets, demographic groups, geographic regions and interest cate-gories regarding travel to and throughout Arizona.” Personnel: 22.5 full-time staff (Fiscal Year 2000) Other Agency Travel Staff—12 Counseling—1 Media Promotion— 3.5 International and Domestic Trade Marketing—4 Domestic Media Advertising—2 OFFICE OF THE AUDITOR GENERAL Programs—Mission and Goal (cont’d) Domestic Media Advertising: Goal: “To shape a positive image of Arizona which affirmatively motivates travelers to experi-ence the diversity of the state.” Travel Counseling and Direct Mail Marketing: Mission: “To convert awareness generated by the Domestic Media Advertising program into interest and motivation to travel to Arizona.” Goal: “To efficiently and effectively assist travelers in making plans to visit Arizona by provid-ing compelling information to induce ex-tended length of stay throughout the state.” International and Domestic Trade Marketing: Mission: “To direct and coordinate Arizona’s public and private sector tourism entities in an effort to inform and motivate travel agents, tour op-erators, and air and ground transportation companies regarding opportunities to create and market individual and group tour pack-ages for vacations throughout Arizona.” Goal: “To create a well-informed travel industry (i.e. agents, operators, and wholesalers) that ac-tively promotes Arizona to domestic and in-ternational tourists and travelers.” Programs—Mission and Goal (concl’d) Media Promotion and Communications: Mission: “To generate positive media coverage of Ari-zona (e.g. printed articles and broadcast fea-tures on travel destinations and tourism attrac-tions) in an effort to increase public interest in the state and enhance Arizona’s overall image as a premier tourist destination.” Goal: “To develop extensive media contacts and fos-ter relationships between representatives of print and broadcast media and Arizona tour-ism partners to stimulate positive media cover-age for Arizona destinations.” Adequacy of Performance Measures: The Domestic Media Advertising’s economic impact measures are based upon inappropri-ate methodology. Also, all of Advertising’s performance measures are slightly overstated due to mathematical errors in the calculations used to arrive at the measures. Domestic Media Advertising’s performance measures neglect to: Ü Address whether AOT’s advertising is suc-cessful in directly motivating consumer travel to the State, or Ü If advertising is affecting key target markets. Trade Marketing’s measures do not convey the extent to which the travel industry ac-tively promotes Arizona to its clients. Although all program goals appear to be aligned with the program missions, AOT has not developed specific objectives for any of the programs. i OFFICE OF THE AUDITOR GENERAL SUMMARY The Office of the Auditor General has conducted a performance audit of the Arizona Office of Tourism (AOT). This audit was completed in response to a June 16, 1999, resolution of the Joint Legislative Audit Committee, which required a review of four programs within AOT: (1) Domestic Media Advertising, (2) Travel Counseling and Direct Mail Marketing, (3) International and Domestic Trade Marketing, and (4) Media Promotion and Communications.1 The audit was conducted as part of the Sun-set review set forth in A.R.S. §41-2951 et seq. Created by the Legislature in 1978, AOT is charged with promot-ing tourism and encouraging tourism development throughout the State. Many of AOT’s Contracting Practices Violate State Procurement Requirements (See pages 9 through 18) AOT’s contracting practices have violated state procurement statutes and rules in several ways. n Purchases not made through the State Procurement Of-fice or bid competitively—Since fiscal year 1997, AOT has made at least 16 purchases totaling approximately $1.2 mil-lion that exceeded its purchasing authority. For example, in 1998, AOT paid more than $102,000 for marketing activities in Canada without going through the State Procurement Of-fice. Further, AOT did not competitively bid these services. 1 As of fiscal year 2000, the four program areas became subprograms within the Tourism Promotion program of the Arizona Office of Tourism. Summary ii OFFICE OF THE AUDITOR GENERAL n Services improperly obtained under joint ventures— Although AOT has authority to enter into joint ventures with private corporations for promotional activities, state procurement requirements still apply. Since fiscal year 1997, AOT paid more than $440,000 into joint ventures that did not meet these requirements or AOT’s own rules. n Use of advertising contract circumvents and violates procurement requirements—AOT circumvented procure-ment requirements and threatened the fairness of the bid process by directing its advertising contractor to sign with specific vendors. AOT also made significant modifications to the contract without formally amending the contract and without required authorization. Without formal contract amendments, the State has no protection if the contractor de-cides not to comply with those changes. AOT used these practices for reasons such as greater flexibility and limited staff time to handle contract administration. How-ever, these practices threaten the fairness of the procurement process and expose the agency and the State to risks. Complicat-ing matters further, AOT’s contract records and procurement co-ordination are inadequate. AOT’s Membership in a Limited Liability Company Violated State Constitution and Statutes (See pages 19 through 23) AOT’s membership in a limited liability company violated the state constitution and statutes. In 1997, AOT and three other Ari-zona tourism promotion organizations formed the company to purchase and share the Internet address for AOT’s travel infor-mation Web site. The company spent approximately $34,000 for the Internet address and over $13,000 in legal fees. When the company dissolved in 1999, AOT assumed it was the owner of the address. However, as of June 2000 the company was still the registered owner of the address and AOT lacked an operating contract with the current Web site service provider. Summary iii OFFICE OF THE AUDITOR GENERAL AOT’s membership in the company violated the state constitu-tion and statutes in several ways. n First, the Constitution forbids state agencies from being a shareholder or joint owner of a company. n Second, AOT received only approximately 50 percent of the company’s financial assets when it dissolved, despite con-tributing 67 percent of the financial assets. This violated stat-utes governing limited liability companies and was an un-constitutional gift of public monies. 1 n Third, AOT received services from a private legal firm de-spite the statutory requirement that state agencies use only the Attorney General’s Office for such services. n Fourth, in becoming a member of the company, AOT ex-ceeded its statutory authority to participate in joint ventures. n Finally, AOT exceeded its $10,000 expenditure authority when it provided $60,000 to the company. Additional Performance Measures Needed to Demonstrate Effectiveness (See pages 25 through 32) AOT needs to develop additional performance measures to cap-ture the agency’s accomplishments. AOT currently attempts to measure its performance in large part by estimating the impact its tourism efforts are having on the State’s economy. However, the methodology and assumptions used are seriously flawed and overstate its economic impact. Improving the methods is important if it continues to measure economic impact as an indi-cator of the agency’s performance. Further, AOT should develop additional measures to demonstrate its effectiveness in working with tourists, the travel industry, and communities to facilitate tourism. 1 According to AOT officials, AOT’s remaining share of the financial assets was used to purchase the Internet address from the other partners; how-ever, this was not documented until June 2000. Summary iv OFFICE OF THE AUDITOR GENERAL AOT Should Conduct Required Long-Range Planning (See pages 33 through 36) Despite a mandate in A.R.S. §41-2305(A) to “perform research necessary to determine a long-range tourism development plan” for Arizona, AOT does not have a long-range state tourism plan. Instead, AOT has focused its planning and research on short-term marketing issues. Genuine long-range planning would en-able AOT to respond to strategic issues that AOT itself has iden-tified as challenges and make better resource allocation deci-sions. In developing a long-range tourism plan for Arizona, AOT should work with the Tourism Advisory Council and other in-dustry stakeholders. Other Pertinent Information (See pages 37 through 43) During the audit, other pertinent information was collected re-garding how Arizona and other states structure and fund their tourism promotion efforts. A few states have developed pub-lic/ private partnerships, while most have maintained more tra-ditional organizational structures within other state agencies. Twenty-one states fund tourism with traditional tourism reve-nue sources, such as general fund appropriations, while 19 states use dedicated taxpayer-funded appropriations to support tour-ism promotion. v OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS Page Introduction and Background.......................... 1 Finding I: Many of AOT’s Contracting Practices Violate State Procurement Requirements ............................................... 9 Procurement Requirements Are Designed to Promote Fairness and Prevent Fraud............................................ 9 Procurement Requirements Were Not Followed in Many Contracts and Joint Ventures......................................... 10 AOT Used Large Advertising Contract to Circumvent Procurement Requirements............................................ 12 Poor Contract Procurement and File Management Exacerbated Problems .................................................... 16 Recommendations .......................................................... 18 Finding II: AOT’s Membership in a Limited Liability Company Violated State Constitution and Statutes.................................................. 19 Company Formed for Internet Activities...................................................... 19 AOT Violated the Constitution and Statutes ............................................... 21 AOT Failed to Protect the State’s Interest........................................................... 22 Recommendations .......................................................... 23 Table of Contents vi OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS (cont’d) Page Finding III: Additional Performance Measures Needed to Demonstrate Effectiveness................................................ 25 AOT’s Performance Measures Call for Measuring Impact on Economy .................................................................... 25 AOT’s Approach to Measuring Its Impact Is Severely Flawed......................................... 27 Additional Measures Needed........................................ 29 Recommendations .......................................................... 32 Finding IV: AOT Should Conduct Required Long-Range Planning.................................. 33 Current Planning Inadequate....................................................................... 33 Additional Efforts Are Needed..................................................................... 35 Recommendations .......................................................... 36 Other Pertinent Information ............................. 37 New Public/Private Partnerships .................................................................... 37 Traditional Organizational Structures and Funding Mechanisms .................................................................... 39 Arizona Tourism Past and Future ............................................................... 41 Table of Contents vii OFFICE OF THE AUDITOR GENERAL TABLE OF CONTENTS (concl’d) Page Sunset Factors.................................................. 45 Agency Response Auditor General Comments to Agency Response Agency Response Tables Table 1 Arizona Office of Tourism Statement of Revenues, Expenditures, and Changes in Fund Balance Years Ended or Ending June 30, 1999 and 2000 (Unaudited)......................................................... 5 Table 2 Arizona Office of Tourism Arizona Tourism Internet Partners, LLC (ATIP) Schedule of Funding Sources and Uses For the Period July 1997 through November 1999 (Unaudited)......................................................... 21 Table 3 Arizona Office of Tourism Economic Impact Performance Measures......... 26 viii OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 1 OFFICE OF THE AUDITOR GENERAL INTRODUCTION AND BACKGROUND The Office of the Auditor General has conducted a Sunset review of the Arizona Office of Tourism and a performance audit of the Arizona Office of Tourism’s Domestic Media Advertising, Travel Counseling and Direct Mail Marketing, International and Do-mestic Trade Marketing, and Media Promotions and Communi-cations programs pursuant to a June 16, 1999, resolution of the Joint Legislative Audit Committee. This audit was conducted as part of the Sunset review set forth in Arizona Revised Statutes §41-2951 et seq. AOT’s Responsibilities The Legislature created the Arizona Office of Tourism (AOT) in 1978 and charged it with performing many duties related to statewide tourism research, development, and promotion. These duties include: n Promoting and developing tourism business and planning; n Developing a campaign of information, advertising, promo-tion, exhibition, and publicity relating to statewide recrea-tional, scenic, and historical attractions and all communities and regions of the State; n Undertaking a comprehensive research program designed to establish the Office as the central repository and clearing-house for all tourism-related data; n Performing the research necessary to determine a long-range tourism development plan for Arizona; and n Conducting research at the request of the Governor, Legisla-ture, or state and local agencies and providing information and advice as requested by local, state, and federal agencies as well as private citizens and businesses. AOT is responsible for statewide tourism promo-tion. Introduction and Background 2 OFFICE OF THE AUDITOR GENERAL The Arizona Office of Tourism’s mission is : Organization and Staffing To carry out its responsibilities, for fiscal year 1999 the Arizona Office of Tourism was divided into seven programs. This audit reviewed the following four programs, each of which contracts for many services and is provided additional administrative support by other AOT programs.1 In fiscal year 2000, the follow-ing four programs became subprograms within the Tourism Promotion program: n Domestic Media Advertising (2 FTE)—This is a compre-hensive program of paid media placements (for example, television, print) in targeted markets to promote Arizona as a travel destination. The majority of this program’s activities are performed by a contracted Arizona advertising agency. In 1999, the National Council of State Tourism Directors awarded three first-place prizes to AOT’s most recent adver-tisement campaign. 1 The three AOT programs not reviewed are Tourism Development and Funds Sharing, Welcome Center Operations, and Business Administra-tion, the latter two of which received Program Authorization Reviews in 1998. To expand the volume of tourism activity and related expenditures in the state in order to en-hance the economy, the stability of the work-force and the standard of living for all Arizo-nans. AOT’s advertising recently won awards. Introduction and Background 3 OFFICE OF THE AUDITOR GENERAL n Travel Counseling and Direct Mail Marketing (1 FTE)— This program responds to calls, requests for information, and requests for travel planning assistance and provides travel planning materials by mail to encourage new and repeat travelers to spend more time in Arizona. Travel planning ma-terials include The Arizona Journeys state travel guide, the ac-commodations guide, the visitor map, and destination bro-chures. Requests for travel planning materials are handled through a contracted call center that receives on average 47,000 requests monthly. n International and Domestic Trade Marketing (4 FTE)— This program promotes Arizona to travel agents and tour operators through participation in trade shows and trade marketing organizations by educating tour operators on Ari-zona’s range and extent of destinations and attractions. Fur-ther, this program assists tour operators in developing and promoting prepackaged tours for groups and individual travelers. This program contracts with trade marketing rep-resentatives located in Canada, Germany, Japan, Mexico, and the United Kingdom for international representation. n Media Promotions and Communications (3.5 FTE)—This program develops media publicity for Arizona (for example, magazine stories and newspaper articles) domestically and internationally to increase public awareness and interest in the State, and to position Arizona’s image as a year-round tourist destination. Activities include assisting media con-tacts, coordinating tours for travel journalists throughout the State, and serving as a central resource for in-state tourism promoters. This program contracts with media representa-tives located in Canada, Germany, Japan, Mexico, and the United Kingdom for international representation. The Office of Tourism’s statutes also establish a 15-member gov-ernor- appointed tourism advisory council. The Council’s duty is to assist and advise the director in preparing the budget and es-tablishing policies and programs that promote and develop tour-ism in the State. The council includes representatives from all over the State who represent recreational and tourist attractions, lodging, restaurants, and other tourism businesses, and the gen-eral public. Introduction and Background 4 OFFICE OF THE AUDITOR GENERAL Funding and Budget The Office of Tourism is funded through a biennial General Fund appropriation. Approximately 31 percent of AOT’s fiscal year 2000 $8.8 million General Fund appropriation is derived from a portion of the state lodging tax. As is illustrated in Table 1 (see page 5), the Domestic Media Advertising program is the program with the highest expenditures. In fiscal year 2000, this program’s expenditures are estimated to be $3.6 million, or 41 percent, of AOT’s total expenditures. Further, a majority of AOT’s budget is expended for contractors. For fiscal year 2000, AOT estimates that $7.3 million, or 83 percent, of total expendi-tures will be for contractors. Recent law changes will impact AOT’s future revenues. Laws 2000, Chapter 375 provides dedicated lodging tax revenues to AOT that are estimated to be $9.2 million for fiscal year 2002. Moreover, Laws 2000, Chapter 372, the stadium bill passed dur-ing the 2000 session, places an initiative on the November 2000 ballot which, if approved by voters, will provide additional dedicated revenues to AOT. 1994 Report and Update Auditor General staff revisited the concerns identified in AOT’s 1994 performance audit (see Report No. 94-4). Below is a sum-mary of the 1994 report’s major recommendations and their cur-rent status: Staffing-related statutory changes needed—Due to concerns with director turnover and political patronage, the report rec-ommended that the Legislature should consider amending AOT’s statutes to add minimum qualifications and possibly es-tablish a term of office for the AOT director, establish a search committee process for selecting the director, and place all clerical and administrative support positions under the state personnel system. Recent law changes increase AOT’s revenues. Introduction and Background 5 OFFICE OF THE AUDITOR GENERAL Table 1 Arizona Office of Tourism Statement of Revenues, Expenditures, and Changes in Fund Balance Years Ended or Ending June 30, 1999 and 2000 (Unaudited) 1999 (Actual) Programs Domestic Media Advertising Travel Counseling and Direct Mail Marketing International and Domestic Trade Marketing Media Promotion and Communica-tions Other 1 Agency Total Revenues 2 $3,630,100 $1,422,790 $ 894,000 $286,100 $2,595,050 $8,828,040 Expenditures: Personal services and employee related 1,010,227 1,010,227 Professional and outside services 88,656 425,012 429,045 240,129 302,419 1,485,261 Travel 12,144 46,758 12,955 27,905 99,762 Other operating and equipment 3 3,527,283 996,563 415,191 32,960 1,420,286 6,392,283 Total expenditures 3,628,083 1,421,575 890,994 286,044 2,760,837 8,987,533 Excess of revenues over expenditures 2,017 1,215 3,006 56 (165,787) (159,493) Other financing uses 4 75 1,254 3,006 56 4,671 9,062 Excess of revenues over (under) expenditures and other uses $ 1,942 $ (39) $ 0 $ 0 $ (170,458)5 $ (168,555) 2000 (Estimated) Programs Domestic Media Advertising Travel Coun-seling and Direct Mail Marketing International and Domestic Trade Marketing Media Promotion and Communica-tions Other 1 Agency Total Revenues 2 $3,630,100 $ 1,301,800 $900,000 $400,000 $2,617,400 $8,849,300 Expenditures: Personal services and employee related 1,000,000 1,000,000 Professional and outside services 75,000 480,000 475,000 330,000 250,000 1,610,000 Travel 8,000 50,000 20,000 35,000 113,000 Other operating and equipment 3 3,547,100 821,800 375,000 50,000 1,332,400 6,126,300 Total expenditures 3,630,100 1,301,800 900,000 00,000 2,617,400 8,849,300 Excess of revenues over expenditures 0 0 0 0 0 Other financing uses 0 Excess of revenues over expenditures and other uses $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 1 Includes the Tourism Development and Funds Sharing, Welcome Center Operations, and Business Administration programs that were not within the scope of this audit. 2 Less than 1 percent of the amount is miscellaneous revenue collected by the Office. The rest is State General Fund appropriations. 3 Includes $4.44 and $4.45 million expended or estimated to be expended on advertising in 1999 and 2000, respectively. 4 Includes reversions and remittances to the State General Fund and net operating transfers. 5 Deficiency covered by approximately $170,500 of beginning fund balances from the Office’s donation accounts. Source: The Arizona Financial Information System Accounting Event Extract File and Status of Appropriations and Expenditures reports for the year ended June 30, 1999; and Division-prepared estimates of financial activity for the year ending June 30, 2000. Introduction and Background 6 OFFICE OF THE AUDITOR GENERAL Current Status: In 1996, the Legislature amended AOT’s statutes to require the director to have minimum qualifica-tions, including at least five years of management experience in the tourism and travel industry and experience in market-ing or public relations. Further, the Governor’s Office used a search committee to select the current director. Legislation was never introduced to place AOT’s clerical and administra-tive support positions under the state personnel system. n Agency restructuring options—If the Legislature felt stronger action was needed to reduce concerns with director turnover and political patronage, the report recommended that the Legislature consider restructuring the agency under a number of options including a tourism commission, com-bining AOT with the Department of Commerce, or merging AOT with the Arizona Highways Magazine under a single of-fice. n Current Status: AOT is still a separate agency. This report presents some information on Arizona’s and other states’ structures and funding mechanisms for state tourism efforts (see Other Pertinent Information, pages 37 through 43). n Recovery of misspent contracting monies recom-mended— The report recommended that AOT take steps to recover misspent contract funds. First, it recommended that AOT request the Attorney General’s Office to review the fea-sibility of recovering misspent funds. If recovery was possi-ble, it was recommended that AOT contract for an independ-ent audit to identify all monies improperly paid to its former advertising firm. Current Status: AOT sought advice from the Attorney Gen-eral’s Office, which recommended taking no action to seek a refund. This report identified different problems with AOT’s contracting practices (see Finding I, pages 9 through 18). Audit Scope and Methodology Audit work focused on AOT’s contracting practices, perform-ance measures, and long-term planning efforts. This perform- AOT previously misspent advertising monies. Introduction and Background 7 OFFICE OF THE AUDITOR GENERAL ance audit and Sunset review includes findings and recommen-dations in four areas: n The need for the Office to comply with state procurement laws and regulations when procuring contracts. A copy of this report has been forwarded to the Attorney General’s Of-fice (see Finding I, pages 9 through 18) ; n The need for the Office to work with the Attorney General’s Office to address outstanding issues related to its member-ship in a limited liability company (see Finding II, pages 19 through 23). n The need for the Office to abandon its current method of cal-culating economic impact performance measures and de-velop more appropriate measures that demonstrate AOT’s role in facilitating statewide tourism efforts (see Finding III, pages 25 through 32); and n The need for the Office to develop a long-term tourism plan (see Finding IV, pages 33 through 36). In addition, this report contains an other pertinent information section regarding tourism office funding, and restructuring in other states, and legislation passed during the 2000 session that impacts AOT’s funding (see pages 37 through 43). Finally, the report presents responses to the 12 statutory Sunset Factors (see pages 45 through 51). Auditors used a number of research methods for this review. Specifically, n To determine the extent to which the Office complies with procurement laws and regulations—Auditors inter-viewed AOT staff, representatives of the State Procurement Office, and representatives from the AOT advertising con-tractor. Additionally, auditors reviewed state procurement rules and regulations, the state accounting handbook, AOT contract/subcontract documents, AOT expenditure records, and contract files located at the State Procurement Office per-taining to the evaluation and award process and rejected proposals. Introduction and Background 8 OFFICE OF THE AUDITOR GENERAL n To determine the appropriateness of AOT’s membership in a limited liability company—Auditors interviewed AOT staff, former company officials, AOT’s former Attorney Gen-eral representative, and Corporation Commission staff. Addi-tionally, auditors reviewed the state constitution, statutes, and AOT rules as well as the company’s corporate docu-ments, financial records, contracts, and legal invoices. n To determine the appropriateness of AOT’s performance measures—Auditors reviewed audit reports from Florida and Georgia and interviewed tourism office representatives in California, Florida, Illinois, South Carolina, Texas, Vermont, and Virginia to determine how other states developed per-formance measurements. Additionally, auditors interviewed AOT staff, tourism experts, and a representative from the U.S. Department of Commerce regarding tourism promotion and accountability. Finally, auditors conducted a literature review. n To determine the extent of AOT’s planning efforts— Auditors interviewed tourism stakeholders, tourism research firms, AOT’s advertising contractor, and representatives from California, Connecticut, Florida, Illinois, Nevada, Oregon, Texas, and Washington’s tourism offices regarding research and planning efforts. Finally, auditors performed a literature review pertaining to long-term planning, particularly in rela-tion to tourism marketing. n Finally, to provide information regarding tourism pro-grams in other states and the Arizona Office of Tour-ism— Auditors reviewed professional journals, other litera-ture, and audit reports to identify innovative partnerships be-tween states and the tourism industry. Auditors also re-viewed legislation pertaining to AOT proposed during the 2000 Arizona legislative session. This audit was completed in accordance with government audit-ing standards. The Auditor General and staff express appreciation to the direc-tor and staff of the Arizona Office of Tourism for their coopera-tion and assistance throughout the audit. 9 OFFICE OF THE AUDITOR GENERAL FINDING I MANY OF AOT’S CONTRACTING PRACTICES VIOLATE STATE PROCUREMENT REQUIREMENTS AOT has engaged in many contract practices that violate state procurement statutes and guidelines. For example, AOT has ex-ceeded its delegated purchasing authority, failed to seek com-petitive bids, and paid for services before they were provided. Additionally, AOT circumvented procurement requirements by subcontracting for a variety of services under a broad and largely open-ended contract. Such practices expose the agency and the State to risks the procurement process was designed to protect against. Complicating matters further, AOT’s contract records and contract procurement coordination are not adequate. The agency needs to make substantial changes in its contracting prac-tices to ensure maximum competition and fairness, protect the State’s liability, and avoid the appearance of impropriety. Procurement Requirements Are Designed to Promote Fairness and Prevent Fraud Procurement requirements are designed to ensure that the State purchases the highest-quality product or service at the most eco-nomical price, to ensure fair competition, and to prevent fraudu-lent activities while, at the same time, protecting state agencies from the appearance of fraud. Violations of procurement re-quirements can carry serious penalties. Further, failing to follow procurement requirements can put both the State and vendors at risk, because the validity of improperly procured contracts can be challenged. Procurement requirements exist to ensure fair competi-tion and prevent fraud. Finding I 10 OFFICE OF THE AUDITOR GENERAL Procurement Requirements Were Not Followed in Many Contracts and Joint Ventures AOT entered into many of its contracts and joint venture agree-ments in violation of state procurement requirements. The agency awarded contracts noncompetitively that should have been awarded through the State Procurement Office. It also failed to follow procurement requirements in joint ventures with visitors’ bureaus and other organizations. Many purchases exceeded AOT’s purchasing authority and were not bid competitively—Auditor General staff identified 16 pur-chases since fiscal year 1997 in which AOT exceeded its purchas-ing authority for procuring services without seeking competitive bids.1 These expenditures totaled approximately $1.2 million. All AOT purchases worth more than $10,000 must be procured competitively through the State Procurement Office, unless the procurement office delegates authority to AOT or determines in advance that competition is not practicable or that only one pro-vider is available. However, AOT did not comply with this re-quirement, making the 16 purchases on its own and not seeking competitive bids in doing so. For example: ü AOT paid more than $102,000 for Canadian market advertis-ing and other services but did not seek competitive bids be-fore signing the contract. This contract should have been pro-cured through the State Procurement Office. ü Over three fiscal years, AOT paid $120,000 for tourism re-search through its Arizona tourism organization member-ship dues without going through the State Procurement Of-fice. AOT paid this amount to the tourism organization, which then contracted with independent research firms for approximately $51,600 of research and professional fees. AOT considers this expenditure part of its membership dues; however, all other members paid dues ranging from 1 Auditors checked AOT’s compliance with procurement requirements only for purchases for which the agency provided documentation to the auditors by June 2000 and that exceeded the agency’s $10,000 purchasing authority. AOT spent approximately $1.2 million without com-plying with procurement requirements. Finding I 11 OFFICE OF THE AUDITOR GENERAL $100 to $5,000 each year. AOT should pay no more than the basic membership dues to this organization and purchase its research through proper procurement procedures. AOT improperly procured and paid for services under its joint venture rules—AOT also violated state procurement require-ments and its own rules when procuring over $440,000 worth of services through joint ventures. AOT’s statutes and rules allow it to enter joint ventures with private corporations for promotional activities in order to extend the value of the State’s investment. However, these joint ventures are still subject to state procure-ment requirements. n In fiscal year 1999, AOT paid over $98,000 toward two joint ventures with a partnership of chambers of commerce, city convention and visitors’ bureaus, and Sky Harbor Interna-tional Airport for international representation in the United Kingdom and Germany. These joint ventures violated state procurement and joint venture requirements in four ways. ü AOT’s shares of the joint ventures exceeded AOT’s pur-chasing authority and should have been procured through the State Procurement Office. ü AOT paid its advertising agency to sign contracts for in-ternational representation and to provide billing services for the joint venture agreements. However, according to AOT, these services are separate from the advertising contract. If so, they should have been procured as a sepa-rate contract. ü AOT paid for services before they were provided. These pre-payments violate the Arizona Accounting Manual, sec-tion II-H-1, which requires an agency to pay for services after they are received. Additionally, AOT’s rules regulat-ing joint ventures specifically state that “the state shall pay no monies before receipt of the services.” ü AOT did not document the steps it took to enter these joint ventures as required by its rules. For example, AOT did not document proposals from the private corpora-tions that are required by rule before entering joint ven-tures. These proposals should contain such information AOT violated procurement requirements and its own rules. Finding I 12 OFFICE OF THE AUDITOR GENERAL as the benefit to the State for engaging in a joint venture activity as well as the project’s estimated budget and length. State law permits AOT to participate in joint ventures with pri-vate corporations; however, it is not clear that any of AOT’s partners are “private corporations.” Two of AOT’s partners are not registered with the Corporation Commission, and the others are registered as nonprofit corporations. AOT Used Large Advertising Contract to Circumvent Procurement Requirements For fiscal year 2000 it is estimated that nearly half of AOT’s budget will be spent on an advertising contract that AOT uses mainly to obtain advertising services, but also to obtain many other types of services from other contractors. Although this con-tract was procured through the State Procurement Office, it does not specifically define all tasks to be done and does not limit the ultimate cost the State can pay. By using it as a mechanism to subcontract for other services, AOT circumvented procurement requirements and threatened the fairness of the bid process. AOT also made modifications to the contract that it was not au-thorized to make. Several changes are needed to prevent further misuse of this contract and to ensure fair competition. Advertising contract used to subcontract for many other ser-vices— In fiscal year 2000, AOT estimates it will pay approxi-mately $3.8 million of its $8.85 million budget to its advertising contractor. The majority of the contract involves the creative de-velopment and purchasing of advertising by the contracted ad-vertising firm. However, AOT has also used the advertising con-tract to purchase at least 18 subcontracted goods and services ranging from $4,500 for modeling the economic impact of tour-ism on Arizona to over $500,000 for representation in interna-tional markets. AOT staff said they used this subcontracting approach because the agency did not have enough staff resources to contract for so many services. The agency believes the approach was acceptable because of two main features in the contract: AOT spends almost half of its annual budget on its ad-vertising contract. Finding I 13 OFFICE OF THE AUDITOR GENERAL n The contract does not specifically identify all of the services to be provided. Specifically, the contract’s scope of work states that the contractor shall provide those services customarily performed by an advertising/marketing agency necessary for the development, preparation, and placement of advertis-ing. AOT believes this means it can purchase any marketing-related goods or services through the contract. n The contract does not place a cap on the amount AOT can pay the contractor. The contractor does not collect a set fee for its services, but rather charges a percentage markup on its costs for fulfilling the contract. Without a cap, AOT is not re-stricted to a dollar limit that could help prevent AOT from adding the expense of additional subcontracted services to the contract. Subcontracting approach violates procurement code—AOT has used its broad advertising contract to circumvent procurement requirements by directing its advertising contractor to sign spe-cific vendors as subcontractors, and directing services provided by those subcontractors. For example: n AOT asked its advertising contractor to subcontract with a former employee of AOT’s Canadian representation firm rather than subcontracting with the firm again. The advertis-ing contractor did as directed and since then AOT has over-seen the services provided by that representative. n In another case, a subcontractor signed at AOT’s request was given AOT office space and equipment and receives an hourly wage for work done at the direction of AOT’s director of media relations. AOT’s circumvention of the procurement process violates the procurement code and is problematic for other reasons as well: n AOT is choosing vendors to provide services without requiring them to submit competitive bids. Selecting ven-dors without competition increases the potential for fraudu-lent activities and denies many vendors the opportunity to bid on state projects. Selecting vendors without competition increases the potential for fraud. Finding I 14 OFFICE OF THE AUDITOR GENERAL n Directing subcontractors could complicate AOT’s liabil-ity, according to the State Procurement Office. Normally, a contractor is liable for the performance of subcontractors it signs; however, AOT could be held liable for problems that arise when it directs those subcontractors. n AOT unnecessarily pays the advertising contractor a markup on the costs of the subcontracts. Once the con-tractor signs some of the subcontracts for goods or services, the contractor’s role is limited to handling payments to the subcontractor; however, the contractor continues to charge AOT a markup on the cost of the subcontractors. AOT made unauthorized modifications to its advertising con-tract— Additionally, AOT has made unauthorized modifications to its advertising contract. The standard terms and conditions of all state contracts prohibit contractors from entering into any subcontract without the procurement officer’s approval. Because the State Procurement Office procured the advertising contract, it has the sole authority to approve contract modifications, through formal amendments. These provisions protect the State from un-desirable subcontractors, prevent fraudulent activities, and en-sure that the contractor will be accountable for the subcontrac-tors’ work. AOT has made two types of modifications without formal con-tract amendments approved by the State Procurement Office. n Fees for outside services reduced—AOT verbally agreed with the contractor to reduce the markup it pays its advertis-ing contractor for some subcontracted services. AOT now pays a markup ranging from 5.26 to the contracted 17.65 per-cent for most outside services. n Many subcontractors added or changed—Since the con-tract was signed in 1996, many subcontractors not specified in the original contract have been added and all but one of the five original subcontractors have been changed. While these changes were made to improve services and save AOT money, they fail to protect the State and compromise the fair treatment of both past and potential bidders. Formal contract amend-ments protect the State. Finding I 15 OFFICE OF THE AUDITOR GENERAL n First, AOT’s verbal agreements to lower prices do not protect the State to the extent formal contract amendments would because the State has no assurance this price reduction will continue. n Second, adding or changing subcontractors not specified in the original contract and thereby increasing the number of services provided by the contract is unfair to past bidders be-cause if such significant deviations from the original proposal had been known during the bidding and selection processes, the original contract award may have been granted to an-other bidder. n Third, these modifications are unfair to potential future bid-ders because without formal amendments they are likely un-aware of the services provided or the actual fees charged by the current advertising contractor. Further, future bidders may find it difficult to provide such a wide range of services. According to the State Procurement Office, the inappropriate practice of purchasing several dissimilar services under one contract is called “bundling” and limits competition to only the largest vendors. Changes needed to prevent misuse of advertising contract— Several changes are needed to prevent future misuse of the ad-vertising contract. n First, to better control the size and scope of the contract, the next request for proposal should specifically identify the ser-vices expected, require bidders to quote their fees for those services, and limit the total amount AOT can pay the contrac-tor. AOT will soon have this opportunity since the current advertising contract will expire in 2001. n Second, AOT must discontinue using its advertising con-tract to purchase subcontracted goods and services in a man-ner that circumvents the procurement code. AOT should se-lect its vendors by following state procurement guidelines and directly contract with vendors independent of any other contract if it plans to oversee and direct those vendors’ activi-ties. AOT should ensure future ad-vertising contracts follow pro-curement requirements. Finding I 16 OFFICE OF THE AUDITOR GENERAL n Third, to better protect the State and ensure fairness to past and future bidders, AOT should obtain formal contract amendments approved by the State Procurement Office for any modifications of contracts that the Office has procured. Poor Contract Procurement and File Management Exacerbated Problems Further exacerbating the contracting violations, AOT manage-ment has provided inadequate oversight over contract procure-ment and file management. Auditors identified problems in the following areas: n AOT lacks a central procurement coordinator—Rather than having a central procurement coordinator, each division director procures and oversees contracts necessary for his or her division. This decentralized system may make it difficult for AOT management to be aware of all its contract obliga-tions and to ensure that procurement requirements are fol-lowed. Good business practices suggest that organizations should segregate responsibilities between individuals who work directly with contractors and a procurement coordina-tor who verifies that the proper procurement procedures are followed. AOT should designate a central procurement co-ordinator, who should receive training in proper state pro-curement requirements and consult with the procurement of-fice when areas are beyond his or her expertise. n AOT lacks central contract files—AOT does not maintain a set of central contract files. Rather, each AOT division direc-tor is responsible for maintaining his or her contract files. During the audit: ü AOT was unable to provide many important contracting documents. For example, AOT had no documentation to show what markups the advertising agency was charging for its various subcontracts. This information had to be obtained from the advertising agency. Finding I 17 OFFICE OF THE AUDITOR GENERAL ü Further, due to the lack of central contract files auditors had to request copies of all AOT contracts and subcon-tracts from each AOT program. Auditors are still uncer-tain whether all have been provided since, throughout the audit, they continued to discover contracts that had not been given to them before. Centralized contract files better enable an agency to monitor its contracts. These files should contain documentation for all of AOT’s contracts, including subcontracts held by AOT con-tractors and contracts procured through the State Procure-ment Office. n AOT does not adequately maintain records—The Arizona Accounting Manual states that all state agencies must keep of-ficial agency copies of contracts for six years. However, dur-ing the audit, some AOT contracts were unavailable for re-view. For example, AOT could not provide contract docu-ments for the 1999 Governor’s Conference on Tourism. AOT should follow state requirements for the retention of contract-ing documents. Finding I 18 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should make any purchases that exceed its $10,000 purchas-ing authority through the State Procurement Office or obtain ap-propriate delegation. 2. AOT should pay no more than the basic membership fee in tour-ism associations and appropriately follow procurement require-ments for any additional services it receives from those associa-tions. 3. AOT should comply with state procurement laws and regulations when procuring contracts as part of joint ventures. 4. AOT should comply with rule R20-3-104(2) and section II-H-1 of the Arizona Accounting Manual and discontinue paying for joint venture services in advance. 5. In the request for proposal for the 2001 advertising contract, AOT should specifically state the services it expects the awarded contrac-tor to provide, request the bidders to quote their fees for those ser-vices, and set a limit on the total amount it will pay. 6. AOT should ask the Attorney General’s Office what entities it may participate with as private corporations in joint ventures. 7. To ensure compliance with procurement requirements and to avoid paying unnecessary markups, AOT should select vendors through a competitive bid process for services it plans to oversee and direct. 8. AOT should obtain formal contract amendments approved by the State Procurement Office for any modification of contracts pro-cured by the State Procurement Office. Modifications include changes in subcontractors, services added to the original contract performed by the contractor or by subcontract, and any changes to the proposed pricing schedule. 9. AOT should designate a staff member as a central procurement co-ordinator. That staff member should consult with and receive train-ing from the State Procurement Office. 10. AOT’s new procurement coordinator should establish and main-tain central contract files. 11. AOT should follow Arizona Accounting Manual requirements for the retention of contracting documents. 19 OFFICE OF THE AUDITOR GENERAL A limited liability com-pany (LLC) is a rela-tively new and flexible business structure that offers limited personal liability and a choice of being taxed as a corpo-ration or a partnership. LLC participants are filed with the Corpora-tion Commission as “Member.” FINDING II AOT’S MEMBERSHIP IN A LIMITED LIABILITY COMPANY VIOLATED STATE CONSTITUTION AND STATUTES AOT violated the state constitution and statutes through its membership in a limited liability company (company). AOT be-came a member of the company as a means to purchase the Internet address and further develop the Web site AOT previ-ously developed to provide travel information. However, AOT’s involvement with the company was unconstitutional, violated statutes, and caused public monies to be misspent. Further, AOT failed to execute the necessary agreements to own and operate the Internet address and Web site once the company dissolved. Company Formed for Internet Activities In 1997, AOT became a member of a company, Arizona Tourism Internet Partners, that included three other Arizona tourism promotion organizations in order to purchase an Internet ad-dress and share a Web site. Following is an overview of the company’s history: n Creation: The company was created to purchase and share the Internet address for a Web site, “arizonaguide.com.” In 1996 AOT had contracted with a publishing company that owned that address to develop AOT’s travel information Web site. When the publisher no longer wanted to operate the site, AOT’s options were to purchase the address, purchase or partner with another existing Arizona travel Web site, or spend less than $100 to register a new ad-dress. In continuing its Internet efforts, AOT decided Finding II 20 OFFICE OF THE AUDITOR GENERAL to work with three of Arizona’s larger tourism promotion or-ganizations to pool resources and purchase the address as well as potentially generate more Internet activity. The part-ners created the company so a single entity would represent the group’s interests. Initially, AOT contributed 50 percent of the company’s funding ($30,000), which is also the maximum percentage permissible for AOT’s joint venture projects. AOT later contributed another $30,000 as an annual membership fee; however, none of the other partners made further contri-butions. n Expenditures: The majority of the company’s expenditures were for the Internet address purchase and legal fees. The company purchased the Internet address for approximately $34,000. This price was set by the owner, who charged what the market would bear. In addition, the company spent al-most $13,000 in legal fees associated with the company’s creation and Internet address purchase and almost another $1,000 for its dissolution. The majority of one approximately $2,500 bill was for “seeking different alternatives to the par-ticipation of the Arizona Office of Tourism.” Table 2 (see page 21) illustrates the contributions, expenditures, and final distribution of the company’s financial assets. n Dissolution: The company dissolved in 1999. According to a former company official, some members were dissatisfied with the way the current service provider operated the Web site and wanted to pursue their individual interests. On dis-solution, the company’s financial assets were divided among the members based on the understanding that AOT would continue with the site. However, as of June 12, 2000, the company was still the registered owner of the Internet ad-dress. Finding II 21 OFFICE OF THE AUDITOR GENERAL AOT Violated the Constitution and Statutes AOT’s participation in the limited liability company violated the state constitution and statutes in several ways: n First, Article 9, §7 of the Arizona Constitution prohibits state agencies from providing funds to and being a shareholder in a company or corporation. Table 2 Arizona Office of Tourism Arizona Tourism Internet Partners, LLC (ATIP) Schedule of Funding Sources and Uses For the Period July 1997 through November 1999 (Unaudited) Amount Percentage Contributed and Returned Sources: Contributions: Office of Tourism $60,000 67% Member 2 10,000 11 Member 3 10,000 11 Member 4 10,000 11 Total contributions 90,000 100% Interest income 2,328 Total sources 92,328 Uses: Internet address $33,975 Attorney fees 13,793 Data entry 750 Total uses 48,518 Net sources available at dissolution: $43,810 Return of contributions on dissolution: Office of Tourism $21,901 49% Member 2 7,303 17 Member 3 7,303 17 Member 4 7,303 17 Total return $43,810 100% Source: Auditor General staff analysis of the Arizona Tourism Internet Partners Final Account-ing provided by the Office of Tourism. Finding II 22 OFFICE OF THE AUDITOR GENERAL n Second, the Limited Liability Company Act requires a com-pany’s assets to be distributed in the same proportion they were contributed, unless the company’s operating agreement specifies otherwise. The company had no operating agree-ment. However, AOT received only approximately 50 per-cent of the company’s financial assets when it dissolved, de-spite having contributed 67 percent of the financial assets. Therefore, the monies that AOT should have received could be considered a gift of public monies to the other members, which is also unconstitutional.1 n Third, A.R.S. §41-192(E) prohibits state agencies from em-ploying legal counsel other than the state Attorney General, except in specific circumstances. AOT did not seek the Attor-ney General’s Office’s advice regarding its involvement with the company. In addition, company records indicate that AOT received advice from the company’s private law firm regarding its involvement with the company. n Fourth, although AOT has the statutory authority to enter into joint ventures with private corporations, the company was not a joint venture. Therefore, AOT exceeded its joint venture statutory authority in creating the company. Further, if this company had been a joint venture, AOT’s rules would limit its financial participation to 50 percent. n Finally, AOT violated procurement requirements on two oc-casions when it exceeded the limits of its $10,000 expenditure authority by providing two $30,000 payments to the com-pany. AOT Failed to Protect the State’s Interest In addition to the constitutional and statutory violations result-ing from AOT’s participation in the company, little benefit was realized. 1 According to AOT officials, AOT’s remaining share of the financial assets was used to purchase the Internet address from the other partners. How-ever, this was not documented until June 2000. Finding II 23 OFFICE OF THE AUDITOR GENERAL n Principally, when the company was dissolved, the Internet address asset was not distributed to any one of the members. When auditors researched the Internet address registration in June 2000, it was still registered with the company, eight months after the company had dissolved. n Further, AOT lacks an agreement with the service provider that currently operates the Web site. AOT is working with the State Procurement Office and the Attorney General’s Of-fice to develop an agreement. Recommendations 1. AOT should work with the Attorney General’s Office and the State Procurement Office to develop an appropriate Web site operating agreement. 2. AOT should seek the Attorney General’s advice prior to en-tering into significant agreements that obligate the State, such as AOT’s agreement with the original Web site publisher and AOT’s membership in the limited liability company. 24 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 25 OFFICE OF THE AUDITOR GENERAL FINDING III ADDITIONAL PERFORMANCE MEASURES NEEDED TO DEMONSTRATE EFFECTIVENESS AOT needs to develop additional performance measures to as-sess the agency’s effectiveness. AOT currently attempts to meas-ure its performance in large part by estimating the impact its tourism efforts are having on the State’s economy. However, the methodology and assumptions it uses to do so are seriously flawed. AOT needs to develop performance measures that measure its indirect impact, such as the effectiveness of a particu-lar advertising campaign in raising awareness about Arizona. AOT’s Performance Measures Call for Measuring Impact on Economy As a way to make state government more accountable, A.R.S. §35-122 requires Arizona agencies to develop performance measures and report how well they are doing with regard to these measures. The performance measures, together with agen-cies’ data on how well they are doing, are included in the 2000- 2001 Arizona Master List of State Government Programs, compiled by the Governor’s Office of Strategic Planning and Budgeting. Six of AOT’s performance measures focus on the agency’s im-pact on Arizona’s economy.1 As illustrated in Table 3, page 26, three of the economic impact measures are agency-wide meas-ures, while the other three measures are specifically for the do-mestic media advertising program. AOT’s performance meas-ures focus on AOT’s eco-nomic impact. 1 Although three additional agency-wide performance measures relate to economic impact, these measures pertain to the Lupton Welcome Center, which is not part of this audit. Finding III 26 OFFICE OF THE AUDITOR GENERAL In the 2000-2001 Arizona Master List of State Government Programs, AOT reported that in 1998, 242,000 travel parties visited the State after receiving its travel information packet, increasing state tour-ism revenues by $193 million. When put in the context of esti-mated total tourism activity in Arizona, this was about 2.2 per-cent of the estimated number of travel parties who visited Ari-zona in 1998 and about 1.8 percent of the estimated amount all travel parties spent that year in Arizona.1 1 According to the Arizona Office of Tourism 1998 Summary Report, compiled by D. K. Shifflet and Associates, an estimated 11 million travel parties vis-ited Arizona in 1998, spending a total of $10.9 billion. A travel party con-sists of one tourist or two or more tourists traveling together. Table 3 Arizona Office of Tourism Economic Impact Performance Measures Agency-wide Performance Measures 1. Economic impact for Arizona economy related to AOT efforts in media advertising and direct mail marketing. 2. Economic impact per $1 expended by AOT in media advertising and direct mail mar-keting. 3. Tax revenues for Arizona related to AOT efforts in media advertising and direct mail marketing. Domestic Media Advertising Performance Measures 1. Average incremental expenditure by travel party receiving AOT materials over average expenditure by all Arizona travel parties. 2. Economic impact for Arizona economy related to AOT efforts in media advertising and direct mail marketing. 3. Tax revenues for the State of Arizona stimulated by AOT efforts. Source: Auditor General staff summary of performance measures reported in the 2000-2001 Ari-zona Master List of State Government Programs. Few travelers obtain AOT’s travel information packet. Finding III 27 OFFICE OF THE AUDITOR GENERAL A conversion study: Estimates what per-centage of people who request travel in-formation about a destination end up traveling to that des-tination. AOT’s Approach to Measuring Its Impact Is Severely Flawed AOT’s method for measuring its economic impact on tourism in Arizona has several flaws. First, it inappropriately used the re-sults of a study to measure economic impact. Second, its dollar estimates are based on assumptions that are not valid. It is espe-cially important to fix these flaws because measuring economic impact is challenging. AOT’s promotional efforts are only one of many factors that can affect people’s decisions about whether to travel to Arizona. AOT’s measure overstates economic impact—To develop its es-timate, AOT misused the results of an AOT-contracted “conver-sion study” conducted in 1994. Travel and tourism research indicates that a conversion study is an appropriate way to calculate the usefulness of a tourism office’s travel packets or the effectiveness of a specific advertising campaign. However, some re-searchers caution against using a conversion study to estimate economic impact because of the risk of overstating impact. AOT has overstated its economic impact by reporting the money spent by all Arizona travel parties who received its information packet rather than reporting only the money spent by those who said that AOT’s packet influenced their decision to visit Arizona. By comparison, California recently used a conversion study to evaluate its travel literature but reported only the economic im-pact of those travelers influenced by the information. A further problem with AOT’s use of this method is that AOT continues to use the 1994 data to measure its current advertising efforts de-spite the fact that campaigns and information have changed and may have a different impact on people’s travel decisions. Estimates for dollar amounts are based on invalid comparison of two studies—AOT makes an invalid assumption about tourist spending with its use of the 1994 conversion study results. The conversion study indicated that the travel parties AOT influ-enced to travel to Arizona spent almost twice as much as the av-erage Arizona travel party, as determined by another study. This Finding III 28 OFFICE OF THE AUDITOR GENERAL assumption is flawed. The two studies are not comparable be-cause each has a different purpose, method, and population. To be valid, such a comparison would have to be made against a control group of the same population covered in the conversion study. Measuring economic impact is challenging—It is especially im-portant for AOT to fix these flaws if it continues to measure eco-nomic impact because AOT’s impact on tourists cannot be easily isolated from all of the other factors that affect tourists’ decisions about whether to visit the State. For example, n AOT is not the only tourism marketer in the State. Al-though AOT is the only entity which markets the entire state as a vacation destination, many other organizations and businesses also promote tourism to locations within Arizona. At the regional and local level, convention and visitors’ bu-reaus and chambers of commerce promote tourism to the ar-eas they represent. For fiscal year 2000, AOT estimates that it will spend nearly $9 million to promote statewide tourism, whereas the convention and visitors’ bureaus of Phoenix and Tucson together estimate they will spend approximately $13 million to promote their municipalities. Further, hotels and attractions necessarily promote travel to Arizona when they advertise themselves. With multiple entities promoting dif-ferent aspects of Arizona, it is difficult to determine how in-fluential any one organization’s marketing efforts are on a consumer’s decision to vacation in Arizona. n No direct sales means no direct economic data. Isolating the impact of AOT’s marketing effectiveness is especially dif-ficult because AOT does not sell a product or service for which sales can be tracked. Unlike hotels and attractions that sell services to tourists and can monitor their sales perform-ance, AOT markets the idea of vacationing in Arizona in or-der to motivate tourists to travel to the State. As a result, AOT has no direct knowledge of transactions it may have facili-tated. Finding III 29 OFFICE OF THE AUDITOR GENERAL The goal of AOT’s Domestic Media Ad-vertising program is: “to shape a positive image of Arizona which affirmatively motivates travelers to experience the diver-sity of the state.” Additional Measures Needed AOT should develop other measures to demonstrate its effec-tiveness in stimulating statewide tourism. AOT’s role is one of a facilitator that connects potential travel consumers with Arizona communities and businesses that make the tourism sales. To better reflect this role, AOT should develop additional performance measures. AOT’s role is a facilitator—AOT’s role is a facilitator who shares information with potential tourists, travel agents, tour operators, travel writers, and Arizona businesses and communities. The de-cision to act on the information and to transact the actual busi-ness of tourism rests with those AOT has interacted with, not with AOT itself. For example: n AOT’s advertising and travel information packets provide in-formation about the kinds of sites, attractions, and events available in Arizona. Tourists then deal directly with those sites and attractions if they select Arizona as their vacation destination. n Further, AOT’s trade marketing efforts provide information and tours to tour operators and travel agents who then de-cide whether to promote Arizona itineraries to their clients. More appropriate performance measures needed—To better demonstrate its effectiveness as a facilitator, AOT should de-velop more appropriate performance measures. Performance measures are important for indicating how well an agency is ful-filling its role. Further, by gathering performance measure in-formation, an agency can obtain feedback and information that is valuable for improving its operations. Following are examples of some areas where AOT should improve its performance meas-ures: n Advertising—AOT’s advertising program can better measure its role in generating consumer awareness and interest in Ari-zona as a place to vacation. None of the program’s current per- Finding III 30 OFFICE OF THE AUDITOR GENERAL The goal of AOT’s Inter-national and Domestic Trade Marketing pro-gram is: “to create a well-informed travel indus-try (i.e., travel agents, tour operators, and wholesalers) that ac-tively promotes Arizona to domestic and interna-tional tourists and travelers.” formance measures report the extent to which AOT’s advertis-ing increases consumer awareness of Arizona as a vacation destination or the diversity of the State’s attractions. AOT should report the percentage increase in consumer awareness and interest in Arizona as a result of AOT advertising. AOT can measure this kind of effectiveness through pre- and post-studies of its advertising campaigns, as other state tour-ism offices routinely do. AOT paid approximately $5,000 for a preliminary study of consumer awareness in key target markets prior to its 2000 advertising campaign. AOT plans to perform a post-test in order to gauge how effective the cam-paign was in increasing awareness and motivating consum-ers to travel to Arizona. AOT should consider performing this type of study regularly and report the results as a per-formance measure. n Trade Marketing—Further, AOT’s program in International and Domestic Trade Marketing can better measure its role in generating travel industry awareness and interest in Arizona as a tour destination. This program promotes Arizona travel itineraries to domestic and international tour operators and travel agents in several ways, such as providing tours of the State, exhibiting at trade shows, and contracting with interna-tional trade representatives. Despite its various promotional activities, Trade Marketing has only one performance meas-ure that indicates how much AOT pays in relation to its part-ners in sponsoring tours for travel industry representatives. However, this single measure does not indicate how well the program has familiarized the travel industry with Arizona. Trade Marketing should adopt an appropriate effectiveness measure for each of its major activities. For example, with lit-tle effort AOT could report the number of Arizona communi-ties and businesses with which Trade Marketing shared tour operator contact information obtained at trade shows. With greater effort, Trade Marketing Trade marketing could measure the success of its tours. Finding III 31 OFFICE OF THE AUDITOR GENERAL could also measure the success of the tours it offers to travel agents and tour operators. Trade Marketing staff could ob-tain feedback from tour attendees on whether they have cre-ated or marketed more trips to Arizona as a result of their tour. Trade Marketing should also report separate performance measures for international trade marketing efforts. If AOT obtained comparable and consistent data from each of its in-ternational trade representatives, AOT could measure the performance of each representative as well as AOT’s interna-tional trade efforts on the whole. Data from the international representatives could include the number of contacts made with international tour operators and the number of tour itineraries created as a result of representatives’ efforts to promote Arizona abroad. n Constituent interactions—Finally, in addition to improving program-specific measures, AOT should adopt measures that indicate the level of interaction it has with individuals and groups throughout the State. For example, in fiscal year 2000, AOT initiated a community outreach effort that in-volves AOT staff visiting 12 communities in 8 predominantly rural counties in order to help each community develop its own tourism marketing plan. AOT should quantify the amount of interaction its staff has with statewide constitu-ents. AOT already tracks the number of times staff meet with constituents and reports this total on a monthly basis to the Governor’s Office. AOT could consider evaluating these numbers at a regional or county level and report the annual number of constituent meetings by region/county as per-formance measures in order to demonstrate that AOT serves all areas of the State. Finding III 32 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should discontinue its current method of calculating economic impact performance measures since the methodol-ogy and assumptions it uses are flawed. If AOT wants to measure its return on investment for an individual advertis-ing, marketing, or fulfillment project, it should use appropri-ate methods and assumptions. 2. AOT should develop additional performance measures that reflect its facilitator role. Specifically, AOT should develop additional performance measures in the program areas of advertising and trade marketing, as well as for constituent re-lations. 33 OFFICE OF THE AUDITOR GENERAL FINDING IV AOT SHOULD CONDUCT REQUIRED LONG-RANGE PLANNING The Arizona Office of Tourism (AOT) needs to develop a statu-torily required long-range tourism plan for the State. The experi-ence of other states shows that long-range planning can help a state tourism agency better focus its marketing efforts. In devel-oping such a plan, AOT should work with tourism stakeholders to identify challenges, determine potential research areas, and develop specific goals and objectives. Current Planning Inadequate Although statute requires AOT to develop a long-range tourism plan, AOT has focused its efforts on other priorities. Lack of a long-range plan limits AOT’s ability to respond to strategic is-sues, such as the State’s ability to maintain its share of the tour-ism market. Other states have experienced positive benefits from their long-range planning efforts. AOT lacks a statutorily mandated long-range plan—AOT has not developed a long-range tourism plan, as statute requires. A.R.S. §41-2305(A) requires AOT to “perform research necessary to determine a long-range tourism development plan for this state.” However, AOT’s planning focus has been short-term, fo-cusing on how advertising dollars are spent each year. In addi-tion, AOT has chosen to pursue goals outside of a formal plan-ning process. For example, in recent years AOT’s priority has been to increase its funding and obtain dedicated funding through lodging taxes. Lack of long-range plan leaves AOT unable to respond to strate-gic issues—Without a long-range tourism development plan, AOT is unable to focus its efforts beyond immediate efforts, even though it has identified a need to deal with longer-term issues. Finding IV 34 OFFICE OF THE AUDITOR GENERAL For example: n In 1994, AOT identified competition from other states as a long-term strategic challenge. AOT still considers this an im-portant issue; however, it has not developed goals and objec-tives to address the problem. n In addition, AOT has recently expressed concern that Ari-zona’s tourism market share has declined. However, AOT has not conducted research to determine the cause nor de-veloped goals and action steps to address the problem. n Further, without established long-term priorities, AOT is not prepared to make the most effective use of the additional revenues it will receive as a result of recent legislative changes. Having established objectives for spending the ad-ditional revenues would help ensure that they are spent on areas that would address identified needs. Other states experience significant benefits from planning—In addition, long-range planning has proven beneficial for other states’ tourism marketing agencies. In 1999, the National Con-ference of State Legislatures concluded that states can greatly benefit from establishing comprehensive master plans for tour-ism development. For example, Connecticut determined that a long-term development plan was necessary because its market-ing efforts alone could not ensure that the state would continue to attract repeat visitors. One element of Connecticut’s plan in-volved outlining funding criteria to assist lending institutions in evaluating tourism-related proposals in order to encourage more investment. Further, according to a state tourism official, Wash-ington also benefited from fulfilling its planned enhancement of its travel writers program, experiencing a 60 percent increase in media coverage about the state. In addition, Nevada has success-fully fulfilled its long-term goal to draw visitors using Arizona’s Grand Canyon. Nevada achieved its goal to draw visitors using Ari-zona’s Grand Canyon. Finding IV 35 OFFICE OF THE AUDITOR GENERAL Additional Efforts Are Needed There are a number of steps AOT should follow to successfully fulfill its statutory mandate to develop a research-based long-range plan. n First, AOT should work with the Tourism Advisory Council and other tourism stakeholders to identify challenges facing the Arizona tourism industry, and establish agreed-upon priorities. AOT has not taken full advantage of the Tourism Advisory Council as a planning resource. n The next step in the planning process would be to determine the research needed to identify potential solutions to the chal-lenges facing Arizona’s tourism industry. AOT spends ap-proximately $190,000 on research each year, the majority of which is focused on supporting its research library and pro-viding statistical information. While this work fulfills some of AOT’s other statutory research responsibilities, this research does not assist AOT in making strategic decisions. For exam-ple, in 1998, AOT provided $40,000 to an Arizona tourism as-sociation for research on topics such as the state of the tour-ism industry in Arizona, and tourism’s impact on Arizona’s quality of life. Instead, AOT needs strategic information such as why a type of tourist is not currently visiting the State or the best ways to attract high-spending tourists. n Finally, AOT and its stakeholders need to use this research to establish specific goals and objectives and timetables for achieving them, as well as a process for monitoring progress. For example, Connecticut’s 1997 plan included two major ini-tiatives and 22 action steps. One initiative was to enhance tourism’s infrastructure, including transportation, informa-tion, and education. An action step associated with this initia-tive involved increasing the number of tourism educational programs to ensure a qualified workforce. As a result, Con-necticut now has a new four-year and several two-year tour-ism college programs. Strategic research would benefit AOT. Finding IV 36 OFFICE OF THE AUDITOR GENERAL Recommendations 1. AOT should develop a long-range tourism plan for Arizona by: a) Working with the Tourism Advisory Council and indus-try stakeholders to identify challenges and priorities for Arizona tourism; b) Determining research projects to support the develop-ment of a long-range plan; and c) Developing specific goals and objectives to address stra-tegic issues and a monitoring process with specific per-formance measures to assess progress. 37 OFFICE OF THE AUDITOR GENERAL OTHER PERTINENT INFORMATION During this audit, other pertinent information was obtained about how tourism promotion is structured and funded in other states and in Arizona. Recently, a number of states restructured tourism offices into innovative public-private partnerships with the tourism industry. Information is also provided regarding the traditional publicly operated structures and funding sources used by the other states. Finally, information is provided about other Arizona agencies with tourism responsibilities and fund-ing. New Public/Private Partnerships At least three states, Florida, California, and Colorado, have re-structured tourism efforts in recent years to develop innovative partnerships with industry and share responsibility for promot-ing tourism. These new approaches include contracting a tour-ism commission to market and operate tourism activities; self-imposed industry financial assessments; and voluntary funding of state tourism efforts by the industry. n Visit Florida—In 1996, Florida restructured its tourism ef-forts to create a public-private partnership. The Florida legis-lature abolished the division of tourism within the state de-partment of commerce and replaced it with a 31-member tourism commission. The commission identifies the tourism promotion programs and activities in a four-year marketing plan. The commission then contracts with a state-created, not-for-profit corporation to implement this plan. The Florida Tourism Industry Marketing Corporation operates under the name “Visit Florida.” Visit Florida administers the state’s domestic and international tourism activities, manages its welcome centers, and conducts research on tourism and travel trends. In addition to restructuring, Florida has also incorporated private sector funding into its new organization. Visit Florida Florida’s state tourism ef-forts are funded by the state and the private sector. Other Pertinent Information 38 OFFICE OF THE AUDITOR GENERAL must increase private sector financial support to match state funding on a dollar-per-dollar basis by the end of 2000, its fourth year of existence. Visit Florida encourages tourism in-dustry members to pay annual membership fees in exchange for advertising and promotional opportunities. The corpora-tion also offers advertising opportunities to private busi-nesses, which allows partners to cooperatively market the “Visit Florida” name and logo. Florida tourism activities are funded by both the state and private sector businesses. The state funds tourism from a trust fund, which is financed by proceeds from a $2 per day car rental surcharge and from private sector businesses con-tributing through the corporation. State appropriations for fiscal year 1999 were $22 million and private sector contribu-tions, including in-kind contributions, totaled $32.8 million. During fiscal year 1999, “Visit Florida” had operating ex-penses of $37.8 million and 87 full-time equivalent positions. n The California Tourism Marketing Act—California has similarly restructured to incorporate private sector funding. In 1995 the California legislature passed the California Tour-ism Marketing Act in response to a 1993 travel industry pro-posal to the Governor’s Task Force on Tourism Funding. Travel-related businesses approved the Act in a 1997 refer-endum. The California Travel and Tourism Commission, created by the Act, consists of 37 members (including the Secretary of Trade and Commerce), 24 elected by the travel industry and 12 appointed by the Governor. The commission determines how state-appropriated and industry-assessed funds will be spent by the California Division of Tourism. The Act includes an industry-imposed financial assessment on four categories of travel-related activities, including ac-commodations, restaurants and retail, attractions and recrea-tion, and transportation and travel services. The assessment is $450 for every $1 million a business generates in travel and tourism revenue. Any business failing to report its revenues is subject to penalties of 10 percent of its assessment plus in-terest, as well as a civil penalty of up to $10,000 for filing false information. California’s state tourism ef-forts are funded in part by industry financial assess-ments. Other Pertinent Information 39 OFFICE OF THE AUDITOR GENERAL For fiscal year 1999, the assessment generated $5.7 million and the State contributes $7.3 million annually to fund state tourism marketing efforts. The program’s goal is to eventu-ally raise $25 million annually for state tourism marketing, with the legislature continuing to appropriate the current $7.3 million annually. n The Colorado Travel and Tourism Authority—In contrast to California, Colorado’s tourism promotions are funded by voluntary industry assessments and some state funding. The privately funded Colorado Travel and Tourism Authority (CTTA) replaced the state-funded Colorado Tourism Board after residents voted to not reauthorize the state tourism tax that initially funded the Board. The CTTA relied on volun-tary funding from tourism-related businesses to replace the $12 million previously allocated from the tourism tax. How-ever, it was not able to garner the financial support necessary to take over the role of the State Tourism Board as not all businesses were contributing to the cost of promoting tour-ism. Therefore, in 1997, the Colorado legislature revived the State Tourism Board with a $2.1 million state appropriation to supplement private sector funding and tasked the board with overseeing the CTTA, which contracts with the state to provide tourism information. In March of 1999 the Colorado legislature approved a $5 million appropriation for promot-ing tourism. Traditional Organizational Structures and Funding Mechanisms In contrast to the public/private tourism promotion efforts dis-cussed above, most states include tourism functions as a part of another office or agency with related responsibilities and fund tourism through a variety of public appropriations. States structure tourism promotion efforts in many ways— Typically, tourism promotion has been the responsibility of a state agency. States generally structure tourism functions within the state agency responsible for business development or commerce or in another state agency with related responsibilities. Voluntary funding from Colorado’s tourism industry was low. Other Pertinent Information 40 OFFICE OF THE AUDITOR GENERAL However, there are some states, such as Arizona, that operate tourism offices which are independent of other agencies. In addi-tion, there are several states that operate tourism offices in con-junction with or under the authority of tourism commissions or state tourism corporations. n Agency program—The majority of states include their tour-ism promotion activities within a larger state agency. Most (32 states) assign tourism responsibilities and staff within the agency responsible for trade, commerce, or economic devel-opment. In addition, 5 states operate tourism offices as a part of various other agencies which have related functions such as parks, jobs, recreation, or transportation. n Independent agency—Eight states, including Arizona, op-erate independent or cabinet-level tourism offices. n Corporations—Virginia and Rhode Island include tourism offices under state-operated nonprofit entities. The Virginia Tourism Corporation is a nonprofit authority which is a po-litical subdivision of the state. Tourism functions in Rhode Island are the responsibility of the Rhode Island Economic Development Corporation, which replaced the Rhode Island Department of Economic Development. n Commissions—Seven states operate tourism commissions in addition to state tourism offices. Tourism commissions in some states advise governors and legislatures on tourism-related issues. The duties performed by commissions vary by state. For example, the Nevada Commission on Tourism op-erates the state tourism office, and commissions in West Vir-ginia and Oregon appoint the tourism office director. Most states fund tourism with traditional revenue sources— States use a variety of public funding sources to support tourism including various dedicated taxes, legislative appropriations, and lottery/gaming revenues. n State General Fund—Twenty-one states rely on general fund revenues to support publicly funded tourism efforts. One state, Ohio, supplements state funding with revenue re-ceived through federal grants. In most states, the agencies responsible for commerce also handle tourism promo-tion. Other Pertinent Information 41 OFFICE OF THE AUDITOR GENERAL n Dedicated Public Funding from Taxes—Nineteen state tourism offices receive a portion of their public funding through other dedicated taxpayer-funded appropriations. Twelve of these states fund tourism offices partially or wholly through lodging or room taxes. Until the 2000 legisla-tive session, Arizona funded its office partially through a bed tax. In 1998, total taxes on lodging, when combined with ex-isting state and local taxes, ranged from a high of 15.6 percent in Seattle, Washington, to a low of 4 percent in Bozeman, Montana. As of May 2000, the total tax in Phoenix is 10.67 percent. Four states that do not impose lodging taxes pay tourist office costs by dedicating sales tax or assessing taxes on other businesses such as restaurants, car rentals, and ad-missions to tourist attractions. Three other states receive part of their funding from road or highway funds. n Industry Funding, Sales, and Logos—In addition, six states fund tourism activities with private funding or sales revenues. Three of these states obtain a portion of their budget from the tourism industry and three generate reve-nue from sales at welcome center vending machines or sales of novelty items and logos. n Lottery/Gaming Revenues—Four states use lottery or gam-ing revenues to fund tourism activities. Lottery revenues in Kansas, Oregon, South Dakota, and West Virginia are used for tourism. Arizona Tourism Past and Future Information regarding the Arizona state agencies with tourism responsibilities and recent legislative changes that modified AOT’s funding is provided below. Several agencies in Arizona involved with tourism—The Ari-zona Office of Tourism is not the only agency in the State in-volved with tourism. n Department of Commerce—Originally one agency was re-sponsible for both tourism and economic development. Tour-ism duties were transferred from the Governor’s Office of Most states’ tourism efforts are publicly funded from specific taxes. Other Pertinent Information 42 OFFICE OF THE AUDITOR GENERAL Economic Planning and Development (now the Arizona De-partment of Commerce) when the Office of Tourism was cre-ated. However, A.R.S. §41-1504 directs the Arizona Depart-ment of Commerce to establish and oversee export and im-port trade and tourism offices in the Far East, Mexico, Europe, Japan, and Canada, although the Department does not currently have tourism offices. Additionally, the Arizona Department of Commerce currently operates a Rural Tour-ism Development (RTD) program to help communities achieve a sustainable tourism industry and assist them with organizing their tourism efforts. n Arizona Highways Magazine—Both the Arizona Office of Tourism and Arizona Highways Magazine’s missions include bringing travelers to Arizona. Arizona Highways Magazine is a self-funded entity that promotes Arizona through the sale of the magazine, books, calendars, and maps. A 1999 guide published by the National Conference of State Legislatures noted that state magazines are one means to provide infor-mation to state visitors. The guide stated that according to the Arizona Department of Transportation, Arizona Highways, with a circulation of 400,000, is one of the State’s best tools for promoting tourism. n State Parks—Although not directly charged with promoting tourism, the State Parks Board is responsible for administer-ing and promoting Arizona’s state parks. Because many state parks are major tourist attractions, AOT works closely with the State Parks Board. AOT provides information on state parks and Internet links to the Arizona State Parks Internet site. In 1999, the opening of Kartchner Caverns State Park generated significant interest and has resulted in a high de-mand for tours. AOT funding amended—During the 2000 legislative session, leg-islation was passed that changed the way the AOT is funded. Legislation included increasing AOT’s funding as part of a pro-posal to build a stadium and designating dedicated sales tax revenues for funding AOT. n The Stadium Proposal—Legislation was passed to refer to voters a proposal to fund a new stadium that includes an in-crease in funding to state tourism from a car rental surcharge Arizona Highways Maga-zine provides tourist infor-mation. Other Pertinent Information 43 OFFICE OF THE AUDITOR GENERAL and hotel tax revenues collected in Maricopa County. Under this proposal, AOT will receive an estimated additional $4 million dollars in the first year of funding with 5 percent in-creases annually. The implementation of this legislation is dependent on a public vote in November 2000. n Dedicated Funding—Two other proposals were introduced in the 2000 legislative session to change AOT’s funding for-mula. Historically, AOT has received its funding from the General Fund and a portion of the revenues collected through the lodging tax. One proposal passed by the Legisla-ture in the 2000 session eliminates AOT’s general fund ap-propriations and replaces them with dedicated funding de-rived from taxes generated from lodging taxes. For fiscal year 2002, it is estimated that AOT will receive $9.2 million. This legislation will be repealed if the stadium proposal is ap-proved by the voters. The proposal that was not passed by the Legislature also included dedicated funding, but addi-tionally increased the percentage of the taxes AOT would re-ceive, essentially doubling AOT’s budget. 44 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) 45 OFFICE OF THE AUDITOR GENERAL SUNSET FACTORS In accordance with A.R.S. §41-2954, the Legislature should con-sider the following 12 factors in determining whether the Ari-zona Office of Tourism (AOT) should be continued or termi-nated. 1. The objective and purpose in establishing the agency. The purpose of the Arizona Office of Tourism (AOT) is to promote and develop tourism in the State of Arizona. AOT was established by the Legislature in 1978 and its mission is “to expand the volume of tourism activity and related expenditures in the state in order to enhance the economy, the stability of the work force and the standard of living for all Arizonans.” AOT has a number of statutorily required duties that in-clude promoting and developing tourism business; plan-ning and developing a campaign to promote statewide attractions; and conducting research necessary to 1) estab-lish the Office as the central repository and clearinghouse for all tourism-related data, 2) determine a long-range tourism development plan for Arizona, and 3) provide in-formation to the Governor, the tourism industry, and the public. 2. The effectiveness with which the agency has met its objective and purpose and the efficiency with which the agency has operated. Although AOT has demonstrated its efficiency and effec-tiveness in some areas, it can improve in others. In 1999, the National Council of State Tourism Directors awarded three first-place prizes to AOT’s most recent advertise-ment campaign. In addition, AOT has been successful in fostering cooperation within the tourism industry through its support of the Arizona Tourism Alliance, an Sunset Factors 46 OFFICE OF THE AUDITOR GENERAL association of tourism businesses and organizations. Fur-ther, AOT has obtained private sector in-kind contribu-tions to support its efforts. Finally, auditors’ interviews with tourism stakeholders indicated that they are gener-ally satisfied with AOT’s efforts. However, this audit identified several ways AOT can im-prove its efficiency and effectiveness. n First, AOT should improve its contracting practices. Many of AOT’s contracting practices violate state pro-curement statutes, rules, and accounting guidelines. For example, some AOT contracts were never com-petitively bid. In addition, AOT has used its advertis-ing contract to avoid complying with procurement requirements (see Finding I, pages 9 through 18.) n Second, AOT should adopt additional performance measures to demonstrate its effectiveness in helping market Arizona to tourists. Some of AOT’s current performance measures are based on flawed method-ologies and assumptions. Improving the methods is important if AOT continues to measure its economic impact. Further, AOT should develop additional per-formance measures that reflect its effectiveness in working with tourists, the travel industry, and com-munities to facilitate tourism (see Finding III, pages 25 through 32). n Third, AOT should develop a long-range tourism plan. Long-range planning and research is mandated by state statute; however, AOT’s planning efforts have focused on short-term rather than long-term goals. AOT needs to work with tourism stakeholders to identify strategic issues, determine necessary re-search projects, and establish goals and objectives as part of a formal long-range planning process (see Finding IV, pages 33 through 36). Sunset Factors 47 OFFICE OF THE AUDITOR GENERAL 3. The extent to which the agency has operated within the public interest. AOT operates in the public interest by sharing Arizona tourism information and research with potential tourists, businesses, and Arizona communities. For example, AOT’s Trade Marketing Program staff attend national and international tourism trade shows to provide travel agents and tour operators with information about Ari-zona attractions. AOT then shares the trade show con-tacts they make with Arizona convention and visitors’ bureaus. In addition, AOT offers the Tourism Investment Funds Sharing Program (TIFS) to assist in the development of tourism promotion projects at the local level. The TIFS program provides matching funds to nonprofit organiza-tions, government organizations, and statewide associa-tions involved in promoting a destination in Arizona. However, AOT failed to act in the public interest by in-appropriately becoming a member of a limited liability company. In fiscal years 1998 and 1999 AOT provided a total of $60,000 to this limited liability company. The company subsequently purchased a Web site address. AOT’s participation exceeded its statutory authority and is unconstitutional. Article 9, §7 of the Arizona Constitu-tion prohibits state agencies from being a shareholder in, and providing monies to, a company or corporation (see Finding II, pages 19 through 23). In addition, AOT has not operated in the public interest by failing to competitively bid many of its contracts and by using its advertising contract to avoid the procure-ment process. Because a competitive bidding process was not used for many contracts, AOT may be spending more monies than needed for some services. Further, because AOT has used its advertising contract to avoid the pro-curement process, past and future bidders may be im-pacted (see Finding I, pages 9 through 18). Sunset Factors 48 OFFICE OF THE AUDITOR GENERAL 4. The extent to which rules and regulations promul-gated by the agency are consistent with the legisla-tive mandate. AOT promulgates rules pursuant to A.R.S. §41-2304(B)(5). Arizona Administrative Code R20-3-101 through R20-3- 104 deals with joint ventures including definitions, pro-cedures, standards for participants, and conditions of par-ticipation. In addition, the Governor’s Regulatory Review Council (GRRC), at the request of the Office of the Auditor Gen-eral, reviewed the Board’s statutes and determined that AOT has promulgated some, but not all, of the rules nec-essary to carry out its statutory provisions. GRRC deter-mined that the following additional rules may be neces-sary: n Rules addressing policies or programs to promote tourism pursuant to A.R.S. §41-2305(A)(5) that require AOT to “formulate policies, plans and programs de-signed to promote tourism in this state.” n Rules concerning how an agency or person makes a gift or a grant, or the recording and reporting mecha-nisms that will be used to track the source and amount of gifts and grants pursuant to A.R.S. §41- 2305(B)(6). This statute allows AOT to “accept gifts, grants, matching funds and direct payments from public or private agencies or persons for the conduct of programs which are consistent with the general purposes and objectives of this chapter.” n Rules regarding the establishment of a monitoring system including who is to report when and in what manner pursuant to A.R.S. §41-2305(B)(10), which re-quires AOT to “establish a reporting system for public agencies and private persons or enterprises in order to monitor state tourism.” n Fee rules pursuant to A.R.S. §41-2305(B)(11) that allow AOT to “charge reasonable fees for services and pub-lications.” Sunset Factors 49 OFFICE OF THE AUDITOR GENERAL 5. The extent to which the agency has encouraged in-put from the public before promulgating its rules and regulations, and the extent to which it has informed the public as to its actions and their expected impact on the public. The public has not had a recent opportunity to comment on the adoption of rules. On March 4, 1997, the Gover-nor’s Regulatory Review Council approved AOT’s five-year rules review report, and the proposed rule amend-ments. The next five-year review report is due in October 2001. AOT has not adequately complied with Open Meeting Laws regarding posting public meeting notices for the Tourism Advisory Council. Auditors’ contact with the Secretary of State’s Office in December 1999 revealed that AOT was not in compliance with the Open Meeting Law requirement that boards and commissions file a state-ment with the Secretary of State’s Office providing the lo-cation where their public meeting notices will be posted. AOT has since notified the Secretary of State regarding the location where it will post public meeting notices. 6. The extent to which the agency has been able to in-vestigate and resolve complaints that are within its jurisdiction. This factor is not applicable because AOT does not have investigative or regulatory authority. 7. The extent to which the attorney general or any other applicable agency of state government has the au-thority to prosecute actions under the enabling legis-lation. This factor is not applicable because AOT is not a regula-tory agency with enforcement or oversight responsibili-ties. Sunset Factors 50 OFFICE OF THE AUDITOR GENERAL 8. The extent to which the agency has addressed defi-ciencies in the enabling statutes that prevent it from fulfilling its statutory mandate. AOT has not sought any recent changes to its enabling statutes. However, legislation was passed during the 2000 legislative session that may increase AOT’s funding and provided dedicated funding through lodging taxes (see Other Pertinent Information, pages 37 through 43). 9. The extent to which changes are necessary in the laws of the agency to adequately comply with the fac-tors listed in the Sunset Laws. This audit does not make any recommendations for statu-tory changes. 10. The extent to which termination of the agency would significantly harm the public health, safety, or wel-fare. Terminating AOT would not significantly harm the pub-lic health, safety, and welfare of Arizona citizens. Al-though AOT is the only entity that promotes Arizona statewide, many other public and private entities are in-volved in promoting tourism. However, all 50 states cur-rently fund some level of tourism promotion. This report provides additional information regarding how Arizona and other states organize and fund their tourism promo-tion efforts (see Other Pertinent Information, pages 37 through 43). 11. The extent to which the level of regulation exercised by the agency is appropriate and whether less or more stringent levels of regulation would be appro-priate. AOT is not a regulatory agency, thus this factor does not apply. Sunset Factors 51 OFFICE OF THE AUDITOR GENERAL 12. The extent to which the agency has used private con-tractors in the performance of its duties and how e f-fective use of private contractors could be accom-plished. AOT relies on private contractors to a great extent. In fis-cal year 2000, AOT estimates that 83 percent of total ex-penditures, including salaries, will be for private contrac-tors. AOT currently uses private contractors for such ser-vices as advertising, marketing Arizona in international markets, the operation of a call center to provide tourism information, research activities, public relations, and pro-duction of guidebooks and maps. This audit identifies several problems and makes recom-mendations concerning AOT’s contracting practices (see Finding I, pages 9 through 18). 52 OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) OFFICE OF THE AUDITOR GENERAL Agency Response Auditor General Comments to Agency Response Agency Response OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) OFFICE OF THE AUDITOR GENERAL The Auditor General’s Comments On the Audit Response from the Arizona Office of Tourism The following response from the Arizona Office of Tourism (AOT) contains both inaccurate and mis-leading statements, particularly with regard to the report’s first two Findings. To ensure that the reader has all the information pertaining to the issues in this report, we provide the following comments. Finding I: We identified 16 purchases in which AOT exceeded its purchasing authority without seeking competi-tive bids. Seven of these purchases exceeded $100,000. The AOT response attempts to characterize many of these purchasing violations as either payments for trade association dues or as sole source purchases. However, at least two of what AOT appears to characterize as “dues” payments actually were used to primarily purchase research and two “dues” payments were actually AOT’s contribution to the Limited Liability Company of which it illegally became a member. With regard to sole source purchases, the following facts should not be ignored. 1) AOT is not exempt from the State Procurement Law. 2) AOT never received, as required by law, permission from the State Procurement Office to make sole source purchases. 3) Although AOT states that it was “inconsistent” in documenting the need for, and approval to make, sole source purchases, AOT could not provide our Office with any such documentation when we requested it during the audit. With regard to the improper use of subcontracts to circumvent the purchasing process, AOT’s response fails to acknowledge that two high-level AOT employees told auditors during the course of the audit that one reason AOT subcontracted services through its advertising contractor was to avoid procure-ment requirements. Finding II: The AOT response suggests that AOT was included as a member of a Limited Liability Company (LLC) without its consent or knowledge. This position ignores the following facts: 1) billing records from the legal firm serving the LLC show that the firm contacted an AOT employee prior to filing the articles of incorporation and provided him a copy of the articles after they were filed. 2) This same AOT employee was later listed as presi-dent of the LLC on company documents. 3) Although we had several conversations and obtained numerous documents from AOT employees during the course of the audit relating to the LLC, no AOT employee raised the issues contained in this response until after receiving the draft report. 4) A former company official stated AOT was aware of and did consent to its membership in the company. OFFICE OF THE AUDITOR GENERAL (This Page Intentionally Left Blank) ARIZONA OFFICE OF TOURISM RESPONSE TO PERFORMANCE AUDIT SUBMITTED TO OFFICE OF THE AUDITOR GENERAL August 18, 2000 1 Arizona Office of Tourism Response to Report Highlights August 18, 2000 Under Arizona Revised Statutes 41-2952, the Office of the Auditor General (OAG) conducts reviews under the “Sunset Law” for the purpose of providing the Arizona Legislature with information necessary “for determining if the merits of a program justify its continuation rather than termination.” The Arizona Office of Tourism acknowledges and appreciates the efforts of the OAG is conducting this performance review as such. AOT further appreciates the recommendations for agency improvements in efficiency and effectiveness as presented in the report, and is already proceeding with the implementation of policies and procedures not previously in place. However, AOT considers the OAG’s critical findings to be disconcerting, particularly with regard to the selective use of information that creates inaccurate or misleading conclusions and impressions. AOT appreciates the opportunity to supply other pertinent information in the interest of a balanced interpretation of the issues. Our Conclusions:It is noted with appreciation that the OAG, in its principally intended focus within this review on AOT’s primary marketing programs, found no issues of inefficiency suitable for documentation in the report. With regard to the findings that are documented, AOT finds it appropriate to respond as follows: Procurement Code Issues Overstated The OAG has misrepresented AOT’s procurement activity by mis-categorizing sole source providers and by targeting a handful of necessary trade association dues payments where approval to exceed usual purchasing limits was, unfortunately, not fully documented. The OAG’s interpretation of AOT procurement problems avoids review of the complicated circumstances AOT and all other tourism offices must function under, thus providing an unbalanced picture of AOT’s unique procurement needs. While AOT was inconsistent in its efforts to retain procurement documentation concerning these unique industry association memberships and sole-source vendors, the measures to correct this situation are well underway. While AOT admits to some administrative processing inconsistencies with regard to the items specified in the review, and is taking appropriate corrective action, we note and appreciate that there are no items cited which constitute any misuse of funds or other serious fiscal wrongdoing by the agency. On the contrary, virtually all of the items cited represent programs of significant effectiveness and value to the State, as elaborated upon in the full response. 2 AOT appreciates and will heed the OAG’s recommendations for fully documenting the basis for all its purchasing and contracting practices under the procurement code, and that it obtain procurement training as necessary. AOT has already initiated discussions with the State Procurement Office to address the findings in this report. “Illegal Company” Incorrect and Misleading AOT, and three non-profit community destination marketing organizations joined together in an association to develop a website for the benefit of their common public missions. The association retained legal counsel to assist in the formation of the entity, and, as such, to assure abidance with all state laws in the interests of, and on behalf of, all of the participating partners. It is by no means clear as a legal matter that the OAG may assert that AOT acted in violation of the state constitution with its participation in the limited liability company that was formed. Article 9, Section 7 of the Arizona Constitution, referenced in this finding, is called the “gift clause.” The intent of the gift clause is to prevent “public funds from being used to foster or promote the purely private or personal interests of any individual.” This intent was clearly adhered to in this situation. The public received a value much greater than what was paid by AOT into this organization, in which case the gift clause was further complied with. The State has gained hundreds of thousands of dollars in net value from AOT’s involvement in this venture, and this public gain is continuing. The website’s current publisher/host has itself invested over $500,000 in the project in just the past two years. Additionally, the economic impact benefit provided by visitors to Arizona who are motivated by the website, which receives nearly one million page views per month, is certainly significant. Furthermore, this finding’s allegation that AOT violated statute prohibiting state agencies from employing legal counsel other than the state Attorney General, is factually unfounded. Counsel to the organization in question can verify that it never was employed by AOT. When AOT’s actions in this matter are considered in view of what the overall goal of the venture was, they can be regarded as completely consistent with its non-profit goals and purposes, and with the intent of the constitution’s gift clause. The implication in the finding that AOT took deliberate illegal action in this venture is terribly inappropriate. AOT does acknowledge and appreciate the OAG’s recommendation that it should seek the advice of the Attorney General regarding entering such agreements. Performance Measures AOT is constantly seeking ways to improve upon its monitoring procedures, and appreciates the OAG’s recommendations for additional performance measures. AOT does not agree, though, that its measurement of economic impact and the related return on investment value of its programs is not reliable or valid. See detailed response document. 3 Long Range Plan Needed… …But the lack of one does not prevent AOT from addressing strategic issues. See detailed response document. AOT appreciates the OAG’s reference to the importance of long-range planning, but must note that statute does not specifically require AOT to develop a long-range tourism development plan, as the report suggests. It does require AOT to “perform research necessary to determine a long-range tourism development plan for the state.” AOT has been conducting such research in partnership with the state tourism industry for the past three years. This research serves as the necessary preparation for the long-range planning that is currently underway. AOT and its board, the Governor’s Tourism Advisory Council, in partnership with the Arizona Tourism Alliance, have cooperatively undertaken this initiative. Though the OAG’s report omits review of AOT’s long-range research and planning efforts, AOT acknowledges the recommendation that it should work with the Arizona tourism industry to develop a plan, and notes that it is underway. 4 Arizona Office of Tourism Response to Performance Audit August 8, 2000 Under the Sunset review statutes, the Joint Legislative Audit Committee authorized the Office of the Auditor General (the “OAG”) to conduct a performance audit of the Arizona Office of Tourism (the “AOT”). At the outset of the process, the OAG advised AOT of its intent to conduct a program review of AOT’s main marketing programs including: (1) Domestic Media Advertising, (2) Travel Counseling and Direct Mail Marketing, (3) International and Domestic Trade Marketing and (4) Media Promotion and Communications. According to the OAG, a program evaluation assesses a program’s “effectiveness and evaluates whether desired outcomes are being achieved.”1 At the end of this process AOT notes that the audit report offers minimal evaluation of the Office’s core marketing activities. During discussions with the Auditor General and the performance audit staff, it was noted that the Legislature has directed the OAG to principally focus its efforts on the identification of areas of inefficiency, and the delivery of related problem solving recommendations. Based on this understanding of OAG’s mandate and its 10 month review of AOT’s operations, we appreciate and are pleased that the performance audit team identified no basis for recommending significant modifications or improvements to AOT”s core marketing activities. We also appreciate the limited recognition of program effectiveness that the report does expressly provide. AOT received top recognition among all state tourism offices for its most recent marketing campaign, and had received various related awards during the immediate prior years. Additionally, AOT enjoys significant support from the Arizona tourism industry, particularly in terms of wide spread cooperation and participation in its marketing programs, including considerable in-kind private contributions to leverage AOT program funding. This industry support and participation is further reflected in the audit’s finding of satisfaction with AOT’s marketing activities among tourism stakeholders. AOT appreciates the constructive spirit of the audit’s recommendations for potential improvements, and is implementing those recommendations as appropriate. This response reviews the more critical findings regarding the administrative process surrounding certain vendor relations, organizational memberships, performance measures, and long-term planning initiatives. 1 Summary of Performance Audit Division of the Office of the Auditor General located at the Internet address, www.auditorgen.state.az.us/PAD.htm (January 18, 2000). 5 Response to Findings I - IV I. Interpretations under Procurement Code and Contractual Language Create Confusion Purchases Covered by Widely Recognized Exceptions to Procurement Code In reviewing all of the procurements identified by the OAG, most of the contracts represented unique opportunities with a particular vendor exclusively situated to provide the proposed services. For example, six of the contracts represented annual membership dues for participation in industry associations. AOT has long-standing support, participation and cooperation with industry associations including national (e.g. Travel Industry Association of America), regional (e.g. Western States Tourism Policy Council), and state (e.g. Arizona Tourism Association, Arizona Tourism Internet Partners, etc.) tourism organizations. In each of the six instances noted, AOT made payment of annual membership dues to an organization for services simply not duplicated by any other entity. Another seven contracts included purchases of marketing services from vendors with some combination of unique marketing vehicles, distinct audience, copyrighted research, and/or exclusive channels of distribution. AOT believes that each one of these purchases would have been entirely appropriate within the scope of services expressly recognized by its marketing contract. However, the agency determined that direct contracts for the unique services offered the most cost-effective manner of obtaining the services. Once again, each of the purchases represented a unique mix of services simply not offered by any other vendor. AOT believed that it appropriately documented the justification for purchases where a vendor was either clearly unique or offered unique marketing services which could have otherwise been procured under AOT’s marketing/advertising contract. In any event, under similar circumstances the State Procurement Office (the “SPO”) authorizes procurement waivers when appropriate and allowed by law. Procedures have already been put in place by AOT to properly document and obtain competition or appropriate procurement waivers, to address the findings in the report, and otherwise. The OAG has misrepresented AOT’s procurement activity by mis-categorizing sole source providers and by targeting a handful of necessary trade association dues payments where approval to exceed purchasing authority was, unfortunately, not consistently documented. The OAG’s review omits consideration of the complicated circumstances AOT and like tourism offices must function under, thus providing an unbalanced assessment of AOT’s unique procurement needs. The great value accrued to the state through AOT’s leveraged involvement in many of these programs should not be left unrecognized. Issues such as these suggest that a full review of AOT’s unique role as a marketing entity for the state and the related special procurement provisions that should be considered may be in order. The finding with regard the AOT’s use of its advertising contract is dependent on the interpretation of contract language and the intent at the time of the agreement. AOT notes that marketing agreement was contracted though formal bid procedure conducted by SPO. The 6 language was developed under the advice of SPO. AOT notes that the advertising agency contract does expressly provide for a broad scope of work, which essentially provides for the advertising agency to serve as a “marketing” agency, conducting all such services for the State as advertising agencies commonly conduct for their clients. AOT notes that the OAG reviewed the original contract with the same agency as part of its sunset audit in 1995. At the time, the OAG concluded that “the agency has substantially clarified the terms of its current contract.” Based on this finding, the revisions the OAG now suggests (e.g. expressly listing all services and sub-contractors, establishing a total limit on contract size, etc.) seem a significant departure from the structure of the current contract. While AOT acknowledges that the benefit of hindsight always raises the potential for improvements, AOT does not feel that the cited activities of the agency violate procurement policy, given its understandings with SPO as they evolved through the bid process and beyond. The advertising contract is due for re-bidding in the near future. The contract will be reviewed with SPO with the issues raised in this audit included as key considerations. As such, AOT does not agree with the finding’s implication that it knowingly “violated” procurement policy. AOT acknowledges inconsistencies with regard to specific administrative procedures within procurement policy, and has implemented internal measures and is working with SPO to correct the problem in this area. However, the agency has in fact conducted its business in the areas cited in compliance with the intent and spirit of state procurement policy, and with integrity. Because of the nature of AOT’s destination marketing mission, the agency has procurement needs unique to state government, particularly with respect to its need for flexibility in order to be able to respond effectively and efficiently in a dynamic and highly competitive marketing environment. AOT is grateful for the opportunity to explain its operations and rebut the severity of the OAG’s conclusion concerning procurement. II. AOT’s Membership in a Statewide Internet Marketing Association Generated Great Benefit and Value to the State With the emergence of the World Wide Web on the Internet in 1994, AOT and other major Arizona tourism marketing organizations recognized the inevitable importance of this new medium as a significant marketing channel for the tourism industry. After strategic discussions through the middle of 1995, the group of marketing organizations collectively concluded that a coordinated presence on the Internet represented the strongest marketing position for all participants involved in marketing travel to the state of Arizona. A single site could aggregate content from every type of travel destination marketing organization (e.g. the state, cities, community chambers of commerce and convention and visitor bureaus, attractions, lodging establishments, etc.) where travelers could find all planning materials for their trips throughout Arizona. Additionally, the tourism marketing organizations recognized that their collective presence would represent critical mass in an otherwise fragmented environment, and anticipated that such coordination would allow them to negotiate free web site development and site hosting services. 7 As part of a joint procurement process during the summer and fall of 1995, the original six tourism marketing organizations secured a winning bid from a publishing company for free web site development for the initial participants, as well as free web hosting for all initial and future participants in the site. The web site debuted at the web address “ArizonaGuide.com” (the “ArizonaGuide”) in January of 1996. ArizonaGuide enjoyed significant support from the travel industry growing to include more than 20 community marketing organizations by 1997. In addition to free web site hosting for the communities’ chambers of commerce and convention and visitor bureaus, |