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Junk-Be-Gone Corp.G' MIA.MIBEACH BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division INTERNAL AUDIT REPORT TO: VIA: FROM: Jimmy Morales, City Manager ~ John Woodruff, Budget and Pe1_Ance Improvement Director · James J. Sutter, Internal Audito7~ DATE: January 23, 2014 AUDIT: Junk-Be-Gone Corp. PERIOD: February 2011 to October 2013 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. 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 period of October 2007 to January 2011. A review of the company's invoices showed that Gross receipts in the amount of $91,353.31 were not reported resulting in the owing of $19,515.64 in delinquent roll-off franchise fees. As a result, Junk-Be-Gone paid the total amount of $19,515.64 due to the City. OVERALL OPINION Junk-Be-Gone 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: • Junk-Be-Gone did not file 19 months of Roll-off Fee Return where franchise fees were due. Gross receipts in the amount of $35,785.10 were collected but not reported resulting in Junk-Be-Gone owing the sum of $7,739.94 (including interest & late filing charges) to the City. We are committed to providing excellent public se1vice and safety to all who live, work, and play in our vibrant, tropical, historic community. Internal Audit Report Junk-Be-Gone Corp, Inc. Roll-Off Fees January 23, 2014 • 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 ofthe 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 dumpster, late fees and fuel surcharges should be included in reported gross receipts. Out of 33 months audited gross receipts, Junk-Be-Gone paid the City of Miami Beach 13 months of gross receipts totaling to $33,285.45. Revenues were found in 19 additional months amounting to $35,785.10. Junk-Be Gone charged and collected from customers the franchise fees but failed to remit the franchise fees due to the City for monthly Roll-off Fees. The following table summarizes the amount due from Junk-Be-Gone for our audit period: Page 2 of 4 Internal Audit Report Junk-Be-Gone Corp, Inc. Roll-Off Fees January 23, 2014 2011 Feb-Dec Audited Gross $20 794.31 Less Report Gross (17684.12) Unreported Revenues 3110.19 Roll-off fees due 559.84 Late fees 100.00 Interest 114.46 Total Due $774.30 Recommendation( s) 2012 2013 TOTAL Jan-Dec Jan-Oct $29 468.48 $18 807.76 $69 070.55 (15 601.33) (0.00) (33 285.45) 13867.15 18 807.76 35 785.10 2 496.08 3 385.40 6 441.32 350.00 400.00 850.00 243.04 91.12 448.62 $3 089.12 $3 876.52 $7 739.94 Junk-Be-Gone must remit the amount of $7,739.94 to the City immediately and file returns to the City on a monthly basis. Monthly reports supporting revenues earned should be printed and attached to each return filed. Going forward, if Junk-Be-Gone continues not to pay the City of Miami Beach the franchise fees collected from service addresses within the City may result in the termination of their business tax receipt. 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: Section 90-278 (3) states" The licensed Rolf-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 Rolf-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 e-mailed on January 17, 2014 to Junk-Be-Gone. We confirmed their agreement to our findings on January 23, 2014. Page 3 of 4 Internal Audit Report Junk-Be-Gone Corp, Inc. Roll-Off Fees January 23, 2014 JJS: CD Audit performed by Carmin Dufour F:\obpi\$AUD\DOC13-14\REPORTS -AUDIT FINAL REPORT\JUNK-BE-GONE.doc cc: Eric Carpenter, Director of Public Works Alberto Zamora, Sanitation Director Patricia Walker, Chief Financial Officer Jorge L. Bustamante, Junk-Be-Gone Corp. (Owner) Page 4 of 4