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Greener Waste Services, Inc.(9 MIAMIBEACH BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division TO: FROM: DATE: AUDIT: PERIOD: Jimmy L. Morales, City Manag~~ ~ James J. Sutler, Internal Audit~ June 21, 2013 Greener Waste Services, Inc. (Greener Waste) October 2009 to March 2013 INTERNAL AUDIT REPORT This report is the result of a scheduled audit of the Roll-off Fee Returns for Greener Waste. 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 to operate Roll-offs within the City's boundaries. In return, 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. Greener Waste has been operating in the City of Miami Beach since November 2008. Their line of business is the rental of roll off containers. BACKGROUND Previously, Internal Audit conducted an audit of Greener Waste for period of November 2008 to September 2009. Our audit assessment report dated January 28, 2010 produced an audit assessment of $628.17 which was paid by Greener Waste. OVERALL OPINION Greener Waste has not complied with the City Codes as it relates to reporting requirements for Roll-off contractors. Gross receipts in the amount of $5,054.00 were not reported resulting in the owing of $1,480.27 in delinquent roll-off franchise fees (including interest and late filing charges) to the City. 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. 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 Greener Waste Services, Inc. June 12, 2013 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 -Required Reporting 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 and overload should be included in reported gross receipts. Greener Waste did not file returns to the City of Miami Beach resulting in $5,054.00 of unreported gross receipts. Greener waste collected franchise fees on Miami Beach customers and failed to remit these fees. Therefore, Greener Waste owes the City the amount of $1 ,480.27. (Including interest and late fees) Greener Waste is not in compliance with the City Code. The following table summarizes audited gross receipts and the amount due from Greener Waste for our audit period: Page 2 of 3 Internal Audit Report Greener Waste Services, Inc. June 12, 2013 2009 (Oct-Dec.) Audited Gross $600.00 Receipts Less Report 0.00 Gross Receipt Unreported 108.00 Revenues Interest 34.56 Late Filing 50.00 Total Due $192.56 Recommendation( s) 2010 (Jan-Dec.) $959.00 0.00 172.62 37.29 100.00 $309.91 2011 2012 2013 (Jan-Dec.) (Jan-Dec.) (Jan-Dec.) Totals $1,839.00 $1,656.00 $0.00 $5,054.00 0.00 0.00 0.00 0.00 331.02 298.08 0.00 909.72 44.70 4.00 0.00 120.55 200.00 100.00 0.00 450.00 $575.72 $402.08 0.00 $1,480.27 Greener Waste must remit the amount of $1 ,480.27. All subsequent roll-off fees return should be filed in a timely manner and remit any franchise tax due. 2. Finding -Required Reporting Greener Waste 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 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." Greener Waste 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. EXIT CONFERENCE Audit findings were e-mailed on June 5, 2013 to Greener Waste. We confirmed their agreement to our findings on June 12, 2013. JJS: CD Audit performed by Carmin Dufour F:\obpi\$AUD\DOC012-13\REPORTS -AUDIT FINAL REPORT\GREENER.doc cc: Eric Carpenter, Public Works Director Alberto Zamora, Sanitation Director Patricia Walker, Chief Financial Officer Daniel R. Guanche, (President of Greener Waste, Inc.) Page 3 of 3