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G7 Holdings Inc -Garbageman.comMI'AMIBEACH BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division TO: INTERNAL AUDIT REPORT VIA: FROM: Jimmy L. Morales, City Manager John Woodruff, Budget and Perfor~~rnprovement Director@ James J. Sutter, Internal Auditor T/- Date: Audit: Period: September 30, 2013 G7 Holdings Inc. D/B/A Garbageman.com March 2012 to September 2013 This report is the result of a scheduled audit of the Roll-Off Fee Returns for G7 Holdings Inc. D/B/A Garbageman.com, (Garbageman.com). 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. Garbageman.com has been operating in the City of Miami Beach since October2010. Their line of business is junk removal, debris removal and cleaning services. BACKGROUND Previously, Internal Audit conducted an audit of Garbageman.com for period of October 2010 to February 2012. Our audit report dated April9, 2012 produced an audit assessment of $2,027.27 which was subsequently paid by Garbageman.com. OVERALL OPINION Garbageman.com has not complied with the City Codes as it relates to reporting requirements for Roll-off contractors. The following items were noted during our audit: • Gross receipts in the amount of $44,077.95 were not reported resulting in the owing of $9,164.80 in roll-off franchise fees and interest to the City. • Garbageman.com has not filed an annual list of accounts, however a listing was provided during the audit. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Internal Audit Report G7 Holdings Inc. D/B/A Garbageman.com September 30, 2013 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. SCOPE 1. Review waste contractor's books and records to confirm that their billings were correct; their gross receipts were correctly calculated and support the monthly franchise fee submitted to the City. 2. Confirm that the private waste contractor timely sent the City the required reports in adherence with the terms listed in the City Code. 3. Confirm that the private waste contractor is timely sending the required Monthly Report of Gross Receipts along with their remittance to the City. 4. Confirm that the private waste contractor timely obtained their required annual business tax receipt. 5. Confirm that the private waste contractor timely submitted their annual Certified Public Accountant (CPA) Statements of Gross Receipts to the City (If applicable). 6. Confirm that the private waste contractor has obtained the required insurance in adherence with Section 90-196 of the City Code. 7. Confirm that all monthly Roll-off Fee Return and were timely and correctly recorded in the City's Financial System. 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 dump fees, fuel surcharges, dry run, overload, extra month fees, relocation and waiting time charges should be included in reported gross receipts. Out of 18 months audited gross receipts, Garbageman.com did not file returns to the City for the entire audited period. Garbageman.com collected franchise fees from their clients, however it was not remitted to the City. Therefore, the amount of $7,934.03 in franchise fees for roll-off waste removal services within the city limits was not reported. Garbageman.com is not in compliance with the City Code. Page 2 of 4 Internal Audit Report G7 Holdings Inc. D/B/A Garbageman.com September 30, 2013 The following table summarizes audited gross receipts and the amount due from Garbageman.com for our audit period: 2012 2013 TOTAL Mar-Dec. (Jan-Sept.) Audited Gross $31,868.15 $12,209.80 $44,077.95 Receipts Less Report 0.00 0.00 0.00 Gross Receipt Unreported 31,868.15 12,209.80 44,077.95 Revenues Roll-off fees 5,736.27 2,197.76 7,934.03 due Interest 493.94 36.83 530.77 Late fees 400.00 300.00 700.00 Total Due $6,630.21 $2,534.59 $9,164.80 Recommendation(s) Garbageman.com must file monthly reports for collected gross receipts as per the City code. This includes but is not limited to dump fees, extra month fees, fuel surcharges, dry run, overload, relocation and waiting time charges. 2. Finding -Required Reporting Garbageman.com did not submit the following documents in accordance with the listed City Code sections during the audit period: Section 90-278 (3) states" The licensed Roll-off waste contractor shall provide the city manager and the sanitation director with a current fist 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." Garbageman.com 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) Garbageman.com must comply with the designated sections of the City Codes by submitting reports to the City Manager and Sanitation Director listing of accounts on an annual basis. EXIT CONFERENCE Audit findings were e-mailed on September 26, 2013 to Garbageman.com. We confirmed their agreement to our findings on September 30, 2013. JJS: CD Audit performed by Carmin Dufour Page 3 of 4 Internal Audit Report G7 Holdings Inc. D/B/A Garbageman.com September 30, 2013 F:\obpi\$AUD\DOC012-13\REPORTS-\ GARBAGEMAN.COM. AUDIT FINAL REPORT.doc cc: Eric Carpenter, Director of Public Works Alberto Zamora, Sanitation Director Patricia Walker, Chief Financial Officer Greg Davis, G7 Holdings, Inc. D/B/A Garbageman.com (Owner) Page 4 of 4