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Junk-Be-Gone Corp.H BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division INTERNAL AUDIT REPORT TO: VIA: FROM: DATE: AUDIT: PERIOD: Jorge M. Gonzalez, City Manager Q Kathie G. Brooks, Budget and P~.= rf~o. r .. :mp~lmprovement Director 7J7 James J. Sutter, Internal Auditol"'/./#' / April15,2011 , 1-866-Junk-Be-Gone Corp, October 2007 to January 2011 This report is the result of a scheduled audit of the Roll-off Fee Returns for 1-866-Junk-Be-Gone Corp. (Junk-Be-Gone). INTRODUCTION A roll-off is defined as a container with a minimum capacity of ten cubic yards designed to be transported by a motorized vehicle. They are typically used for the purpose of removing construction debris, which include rock, metal and other materials used in connection with a construction project or for the removal of large quantities of trash and bulky waste, Approximately thirty companies currently possess business tax receipt demonstrating that they operate roll-offs within the City's boundaries. They are required to abide by the terms outlined in the City Code. This includes the remittance of franchise fees calculated by using the applicable percentage of Miami Beach gross receipts. Reports are to be submitted to the City's Finance Department by the end of the subsequent month. Effective October 2008 the roll-off franchise fee was increased from 16% to18%. Junk-Be-Gone majority line of business is the removal of bulky trash from roof tops, attics, garages, basements, backyards, offices, warehouses, storefronts, parking lots, houses, condo's, apartments, construction sites, trailer and storerooms. These services are provided through the usage of two men and a truck. In addition, Junk-Be-Gone provides roll-off waste services for larger construction debris. BACKGROUND Previously, Internal Audit conducted an audit of Junk-Be-Gone for the period of January 2005 to September 2007. Our audit report dated February 12, 2008 produced an audit assessment of $8,849.12 which was paid. This assessment was attributed to under reporting of roll-off revenues due. OVERALL OPINION Junk-Be-Gone did not act in accordance with the City Code's reporting provisions during the audit period. As a result, gross receipts were not reported and franchise fees were not paid to the City. The following items were noted during our audit: • Junk-Be-Gone did not file 30 months of Roll-off Fee Returns where franchise fees were due. Gross receipts in the amount of $91,353.31 were not reported resulting in Junk-Be-Gone 6wing the sum of $19,515.64 (including interest & late filing charges) to the City. VVe me committed to providing excellent public se!Vice one/ safety to oil who live, work, one/ ploy in our vibront, tropicol, historic community. Internal Audit Report 1-866-Junk-Be-Gone Corp, Inc. Roll-Off Fees April 15, 2011 • Junk-Be-Gone has not filed list of accounts upon renewal. A listing of accounts was provided during the audit. PURPOSE The purpose of this audit is to determine whether all roll-off waste contractor billings were correct, and whether all City revenues were correctly calculated, received timely and accurately recorded by the City, and the contractor was in compliance with designated sections of the City Code and related Ordinances. FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSE 1. Finding -Unreported Gross Receipts City Code Section 90-221 defines gross receipts as "the entire amount of the fees collected by the licensee, exclusive of taxes as provided by law, whether wholly or partially collected, within the city, for solid waste removal and disposal". Therefore, all monies collected by the roll-off waste contractor from Miami Beach service addresses, including dumpster, late fees and fuel surcharges should be included in reported gross receipts. Out of 40 months audited gross receipts, Junk-Be-Gone paid the City of Miami Beach 3 months of gross receipts totaling to $10,890.25. Revenues were found in 32 additional months that was not reported. Junk-Be-Gone collected an additional $91,353.31 in gross receipt fees for roll-off, fuel surcharges, environmental fees and relocation fees. Junk-be- Gone charged and collected from customers the franchise fees but failed to remit franchise fees due to the City for monthly Roll-off Fee Returns. Also noted, the contractor charged their customers 20% franchise fee for roll-off containers rather than 18% starting March 6, 2009. The following table summarizes the amount due from Junk-Be-Gone for our audit period: 2007 2008 2009 2010 2011 TOTAL Oct-Dec Jan. Audited Gross $690.25 $40 025.52 $22 049.60 $36 300.69 $3 177.50 $102 243.56 Less Report Gross (690.25) (10200) (0.00) (0.00) (0.00) (10 890.25) Unreported Revenues 0 29 825.52 22 049.60 36 300.69 3 177.50 91 353.31 Roll-off fees due 0 4 779.28 3 968.93 6 534.12 571.95 15 854.28 Late fees 0 250.00 600.00 600.00 50.00 1 500.00 Interest 0 1 217.88 576.08 365.99 1.41 2 161.36 Total Due 0 $6 247.16 $5 145.01 $7 500.11 $623.36 $19 515.64 Footnote: On October, 2008 as requ1red pursuant to sect1on 90-278 of the C1ty Code, the franch1se fee paid to the City by its franchise roll-offs contractors was raised from 16% of the franchisee's total monthly gross receipts to 18% of said gross receipts. Recommendation( s) Junk-Be-Gone must remit the amount of $19,515.64 for franchise fees relating to the unreported gross receipts. Franchise fees of 18% must be charged on all revenues on roll- off containers within the City limits. Junk-Be-Gone must file returns to the City on a monthly Page 2 of 3 Internal Audit Report 1-866-Junk-Be-Gone Corp, Inc. Roll-Off Fees April 15, 2011 basis. Monthly reports supporting revenues earned should be printed and attached to each return filed. 2. Finding -Required Reporting Junk-Be-Gone did not submit the following documents in accordance with the listed City Code sections during the audit period: a. Section 90-278 (3) states" The licensed Roll-off waste contractor shall provide the city manager and the sanitation director with a current list of the names and addresses of each account, upon initial application and upon application for renewal of its business license, the frequency of service, the permit number and capacity of each Roll-off container or construction dumpster as per account and the address serviced by each Roll-off container or construction dumpster." Junk-Be-Gone has not provided the City manager and the sanitation director with a current list of names and addresses of each account, upon the initial application and upon application for renewal of its business license, the frequency of service, the permit number and capacity of each roll-off container. However, a listing of customer names was provided during the audit. Recommendation(s) Junk-Be-Gone must comply with the designated sections of the City Codes and submit timely lists of accounts. EXIT CONFERENCE Audit findings were transmitted to Junk-Be-Gone on 3/29/11. On 04/05/11, we telephoned Junk-Be- Gone for a follow-up and e-mailed on 04/06/11 to obtain a response. On 04/15/11 Junk-be-Gone agreed to our audit findings. Therefore, a city bill will be issued for the amount of $19,515.64. JJS: CD Audit performed by Carmin Dufour F:\obpi\$AUD\DOC1 0-11\REPORTS-FINAL\JUNK -BE-GONE.doc cc: Duncan Ballantyne, Assistant City Manager Fred Beckmann, Public Works Director Alberto Zamora, Sanitation Director Patricia Walker, Chief Financial Officer Jorge Bustamante, Junk-Be-Gone Corp. (VPD) Page 3 of 3