129-2000-A LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.mlami-beach.fl.u.
L.T.C. No. 129-2000 A
LETTER TO COMMISSION
July 6, 2000
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Lawrence A. Le
City Mana r
SUBJECT: Audit of Convention Center Telecommunications Agreement
(National Data & Communications, Inc.)
The attached report relative to the above referenced subject, covering the period of January I, 1997
through March 31, 2000, is submitted for your information. This represents the Internal Audit's
review of this Agreement.
If you have any questions or comments, please do not hesitate to call upon me.
LAL:ptw
Attachment
f:/ cmgr/$all/ltc-OO/natldata,ia
DATE:
June 23, 2000
CITY OF MIAMI BEACH
INTERNAL AUDIT REPORT
TO:
Lawrence A. Levy, City Manager
VIA:
Mayra Diaz Buttacavoli, Assistant City Manage~...d).~"dlJt.<'-'C)U~
James J. Sutter, Internal Auditor '"
AUDIT OF CONVENTION CENTER TELECOMMUNICATIONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
FROM:
SUBJECT:
PERIOD:
January 1, 1997 through March 31,2000
At the request of your office we examined the revenue collection and compliance to the agreement with
National Data & Communications, Inc.
INTRODUCTION
On December 22, 1986, in accordance with Resolution No. 86-18703, the City entered into an
agreement for the installation and operation of voice and data communications equipment at the
Convention Center. The agreement provides that the City receives a percentage of the contractor's
gross receipts, ranging from 5 % to 20 % depending on the volume of receipts. The original agreement
was entered into with Future Telecommunications, Inc. (FTI) for a five-year period, beginning on
the date FTI commenced to operate, with a two-year renewal option. The contract assignment was
transferred to Miami Communications, Inc. on April 1, 1988, and City approval of this assignment
occurred on July 15, 1988 through Resolution No. 88-19294. The two-year contract renewal option
was granted by Resolution No. 89-19806 on November 15, 1989.
In October 1991, an "Assignment of Contractual Rights" transferring rights from Miami
Communications, Inc. to FP Cooper Irrevocable Trust was signed by both parties to the assignment.
The City subsequently approved this assignment and further approved National Data &
Communications, Inc. as management agent for the FP Cooper Irrevocable Trust on November 20,
1992 through Resolution No. 92-20661.
The agreement with option expired on February 9, 1994 upon which the City twice extended the
agreement until August 31, 1994 through the passing of Resolution Nos. 94-21029 and 94-21148.
Finally, Resolution No. 94-21263 allowed National Data to continue on a month-to-month basis from
September 1, 1994 to allow the Administration time to prepare and issue a new Request for Proposals
for providing Voice and Data Telecommunications Services at the City of Miami Beach Convention
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INTERNAL AUDIT REPORT
CONVENTION CENTER TELECOMMUNICATIONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
June 23, 2000
Center. This arrangement with National Data has continued through the present and has been recently
terminated by the City on April 3, 2000.
The following table lists the reported gross receipts and commissions earned during the 39 month audit
period of January 1, 1997 through March 31, 2000. The figures for March 2000 were omitted
because they had not been filed nor paid by National Data as of the conclusion of this audit.
01197 - 12/97 01198 - 12/98 01199 - 12/99 01100 - 02100
(2 months)
Gross Receipts $890,116 $797,824 $1,042.932 $261,425
Commissions Earned (net of sales lax) $86,319 $70,673 $116,586 · $14,299 ·
.
The commissions earned for the periods of 01/99 - 12/99 and 01100 - 02/00 include the monies listed in finding #6 that have
uot been paid to date.
OVERALL OPINION
In our opinion, National Data correctly calculated, timely f1l.ed and paid their monthly rental payments
and remitted the City's 7% Telecommunication Public Service Tax for the period tested. We noted
that National Data was essentially in compliance with the requirements stated in the
telecommunications agreement with exception to the following items:
.,f Gross receipts were under reported by a total of $1,033 resulting in an underpayment of
monies to the City through SMG.
.,f National Data did not submit the required CPA Statement of Gross Operations during the audit
period.
.,f A copy of National Data's insurance was not provided during the audit period to the City for
their approval.
.,f A copy of the required $100,000 indemnity bond was not furnished during the audit period to
the City for their approval.
.,f Exemption certificates were not always copied and attached to the invoices to substantiate
National Data's claimed exemptions.
.,[ The needed documentation and corresponding monies outstanding as of the conclusion of this
audit should be remitted by National Data immediately.
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INTERNAL AUDIT REPORT
CONVENTION CENTER TELECOMMUNlCA TlONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
June 23, 2000
PURPOSE
The purpose of this audit was to determine if the contractor paid the City correctly and was in
compliance with the terms and conditions of the Telecommunications Agreement.
SCOPE
The scope of our audit was to confirm that the contractor:
I. Submitted monthly rental payments calculated correctly and timely remitted to the City through
SMG.
2. Remitted monthly telecommunication tax returns to the City.
2. Has maintained the proper documents to substantiate the amounts remitted to the City.
3. Has complied with all the insurance requirements.
4. Has maintained the required $100,000 Indemnity Bond.
SUMMARY OF FINDINGS AND RECOMMENDATIONS
1. Findin~ - Incorrect Rental Payments
Page 12, paragraph 10.3 of the Agreement, GROSS RECEIPTS, specifies that "The term
'gross receipts' as used herein, shall mean all monies paid or payable to FTl (contractor) for
sales made or services rendered at or from the Premises or from any other source related
directly or indirectly to the operation of the Equipment, whether collected or uncollected,
whether for cash or for credit, provided however, that any sales taxes imposed by City,
County, State or Federal law and paid by purchaser of any item sold by FI'I (contractor) or
any other authorized service or activity of FI'I (contractor) directly payable to a taxing
authority shall be excluded from the computation of 'gross receipts'."
We noted one instance where the monthly report of gross receipts was understated by $1,033.
Two incorrect credit memos for $789 and $244 issued in January 2000 reduced the amount of
gross receipts in that month. These credit memos were isolated incidents caused by the
installation of a new Y2K compatible computer system. This resulted in an underpayment of
percentage rental in the amount of $51.65.
3
INTERNAL AUDIT REPORT
CONVENTION CENTER TELECOMMUNlCA TlONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
June 23, 2000
Recommendation
All monies collected by National Data should have been reponed in the monthly reports of
gross receipts. Credit memos should be checked for accuracy and their actual need before they
are issued. Consequently, invoices for $789 and $244 should be created and the gross sales
figure reponed to SMG should be adjusted accordingly for January 2000. This is necessary
because it will affect the year end accrual and the amount paid at year end in settlement with
SMG. The City should pursue collection of this amount in their final settlement with National
Data.
2. Findinll - Failure to Provide Annual C.P.A. Approved Statement of Operations
Page 13, paragraph 10.6 of the Agreement, Records and Audits, partially reads as follows:
"An annual CPA certified statement of operations must be submitted within sixty (60) days
after each fiscal year. "
Miller Cooper, owner of National Data, stated that a CPA statement of operations would not
be provided. Therefore, we could not use this document as a source of comparison to
determine the correctness of the gross receipts reponed to SMG and the City.
Recommendation
No further action is required due to the recent termination of this agreement.
3. Findinll - Failure to Provide Insurance
Page 16, paragraph 13 of the Agreement, INSURANCE AND INDEMNIFICATION,
specifies the insurance coverage which the contractor must "maintain in full force and effect,
at its sole cost" at all times during the term of the Agreement.
The contractor has not provided current cenificates of insurance to the City's Claims
Coordinator for the entire audit period. Consequently, Internal Audit could not determine if
the criteria specified for insurance in the Agreement is met.
Recommendation
No further action is required due to the recent termination of this agreement.
4. Findinll - Failure to Provide Performance Bond
Page 11, paragraph 9 of the Agreement, PERFORMANCE BOND, states that "ffl
(contractor) shall, within thirty (30) days of execution of this Agreement by both parties,
furnish to the City a Performance Bond in the penal sum as stated below for the payment of
which HI (contractor) shall bind itselffor the faithful performance of the terms and conditions
of this written Agreement. Performance Bond in the amount of one hundred thousand dollars
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INTERNAL AUDIT REPORT
CONVENTION CENTER TELECOMMUNlCA TlONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
June 23, 2000
($100,000) shall be required and shall be infaithful observance of this contract. Theform of
the Performance Bond shall be as required by the City, and shall continue in full force and
effect throughout the term of this Agreement, and any extensions thereof"
The City's Risk Management Department had not received a copy of National Data's
performance bond for any of the three full calendar years comprising the audit period in
violation of the aforementioned paragraph 9. Therefore, we could not determine if the
performance bond satisfactorily met the terms outlined in the Agreement.
Recommendation
No further action is required due to the recent termination of this agreement.
5. FindinlI - Missing Exemption Certificates
Internal Audit's six month sample period revealed eleven instances where National Data
claimed that vendors were exempt from taxation. Five of these claimed exemptions occurred
prior to 06/98 and did not contain copies of the exemption certificates to substantiate National
Data's claims. However, the six more recent claimed exemptions were properly documented
with exemption certificates.
Recommendation
Any claimed exemptions should be properly supported with exemption certificates before they
are excluded from paying taxes in the future.
6. FindinlI - Unpaid Balances
National Data's contract with the City was terminated on April 3, 2000 and SMG assumed
control of the operation of voice and data communications equipment at the Convention
Center. The following amounts were outstanding as of the termination of National Data's
contract and have not been paid as of the conclusion of this audit:
$68,686.44
1,308.36
3,925.00
23,930.76
729.45
$98.580.01
01/99 - 12/99 year end accrual (includes sales tax of $4.192.13)
01/00 and 02/00 accrual (includes sales tax of $79.85)
March 2000 (Based on Budget)
Orders prepaid to National Data that were honored by MBCC
Refunds for unused services prepaid to National Data
National Data received deposits from vendors for future events prior to the termination of the
contract. The above amount of $23,930.46, represents those known amounts to date. There
may be additional amounts (deposits and refunds) which caunot be determined at this time,
until vendors settle their bill at the conclusion of the event.
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INTERNAL AUDIT REPORT
CONVENTION CENTER TELECOMMUNICA TlONS AGREEMENT
(NATIONAL DATA & COMMUNICATIONS, INC.)
June 23, 2000
Recommendation
The aforementioned $98,580.01 should be remitted immediately by National Data. Also, the
outstanding documentation detailing both March's gross receipts and the deposits received in
advance for events held subsequent to April 3, 2000 should be submitted along with the
corresponding monies immediately.
ManaKement Response
SMG has suggested to the City that it initiate litigation to collect these outstanding documents
and monies as National Data has refused to comply.
JJS:mc:lr (audit performed by Mark Coolidge and Laura Rubines)
F:\BUDG\$AUD\DOC99-00\REPORT\NA TLDA T A.REP
cc: Doug Tober, General Manager, SMG
William Overfelt, Assistant General Manager and Finance Director, SMG
Patricia Walker, Finance Director
Robert Dixon, Deputy City Attorney, Legal Department
M. Kay Randall, Director, Information and Technology
Clifton Leonard, Claims Coordinator, Risk Management
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