J&M Scaffolds of Florida, Inc.BUDGET AND PERFORMANCE IMPROVEMENT
Internal Audit Division
TO: Jorge M. Gonzalez, City Manager
INTERNAL AUDIT REPORT
VIA:
FROM:
DATE:
Kathie G. Brooks, Budget and~Perfor.mance Improvement Director
James J. Sutter, Internal AuditoJ:, :f[11/f
July 30, 2010
AUDIT:
PERIOD:
J&M Scaffolds of Florida, Inc. (J&M)
October 2006 to March 2010
This report is the result of a scheduled audit of the roll off fee returns for J&M Scaffolds.
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 receipts to 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 equaling 18% of Miami Beach gross receipts to the City's
Finance Department by the end of the subsequent month, filing various reports, maintaining
sufficient insurance, etc.
J&M has been in business since 1965. Their majority line of business is the rental of scaffolds and
other construction equipment. In addition, J&M provides roll-off waste service as a supplemental
line of business.
Background
Previously, Internal Audit conducted an audit of J&M for period of January 2003 to September 2006.
A review of the company's invoices showed that franchise fees were charged and collected
throughout the audit period resulting in no additional tax assessment. J&M's records showed that
franchise fees were remitted timely to the City of Miami Beach.
OVERALL OPINION
J&M has not complied with certain provisions of the City Code's during the audit. The following
items were noted during audit:
• Gross receipts in the amount of $3,943.00 were not reported. Therefore, J&M owes the City
$772.69 in franchise fees which was immediately paid during the audit.
• J&M has not filed an annual list of accounts, however a listing was provided during the audit.
• J&M has not filed the required CPA statement of gross receipts for the two years under the
previous ordinance.
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Internal Audit Report
J&M Scaffolds
July 30, 2010
• J&M has submitted the certificate of liability insurance.
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 dumpster , dump
fees, load of trees, over load, rubbish removal and fuel surcharges should be included in
reported gross receipts.
Out of$ 104,417.24 audited gross receipts, J&M paid the City of Miami Beach $16,775.23 in
franchise fees for $100,474.24 in reported gross receipts. As a result, an additional amount
of $3,943.00 in gross receipts was not reported for roll off rentals. J&M did not report these
gross receipts for the services performed within the city limits in compliance with the City
Code.
Page 2 of 4
Internal Audit Report
J&M Scaffolds
July 30, 2010
The following table summarizes the amount due from J&M for our audit period:
2006 2007 2008 2009 2010 TOTAL
Audited Gross $5,795.00 $24,954.60 $35,509.52 $27,268.12 $10,890.00 $104,417.24 Receipts
Less Report (5,795.00) (22,915.00) (34,361.12) (26,513.12) (1 0,890.00) (100,474.24) Gross Receipt
Under reported 0.00 2,039.60 1,148.40 755.00 0.00 3,943.00 Revenues
Roll-off fees 0.00 326.34 183.74 135.90 0.00 645.98 due
Interest 0.00 84.63 31.36 10.72 0.00 126.71
Total Due $0.00 $410.97 $215.10 $146.62 $0.00 $772.69
Note: On October, 2008 as required pursuant to section 90-278 of the City Code, the franchise fee
paid to the city by its franchise waste contractors was raised from 16% of the franchisee's
total monthly gross receipts for waste removal in the City, to 18% of said gross receipt.
2. Finding -Required Reporting
J&M 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." J&M 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.
b. Section 90-278 (4) states "The licensee shall on or before 30 days following the close
of its fiscal year deliver to the finance director and the city manager a statement of its
annual gross receipts generated from accounts within the city certified by an
independent certified public accountant reflecting gross receipts within the city for the
preceding fiscal yeat)l. J&M did not provide a statement of its annual gross receipts
generated from accounts within the city certified by an independent public accountant for
their fiscal years 2006 and 2007.
Effective October 1, 2008 the ordinance was changed exempting contractors having
annual gross receipts reported to the City under $200,000 from filing annual statements
of gross receipts certified by an independent auditor. For our audit period, J&M's
reported revenues were less than this recent established threshold. Therefore, they
were compliant to this provision for 2008 and forward.
Page 3 of 4
Internal Audit Report
J&M Scaffolds
July 30, 2010
Recommendation ( s)
J&M must comply with the designated sections of the City Codes and submit timely lists of
accounts, and certified annual statements of gross receipt (if reported revenues are over the
threshold amount).
EXIT CONFERENCE
Audit findings were given to Vivian Antelo, Comptroller for J&M Scaffolds on July 15, 2010. We
confirmed her agreement to our findings on 07/23/10.
JJS: CD
Audit performed by Carmin Dufour
F:lobpii$AUD\DOC09-1 0\REPORTS-I J&M FINAL REPORT.doc
cc: Jorge Gomez, Assistant City Manager
Fred Beckmann, Public Works Director
Alberto Zamora, Sanitation Director
Patricia Walker, Chief Financial Officer
Vivian Antelo (Comptroller)
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