HomeMy WebLinkAboutWaste Management Franchise Agreed Upon-Procedures Review for YE 12/31/2001-2003TO:
FROM:
City of Palm Desert
STAFF REPORT
Council Meeting of June 9, 2005
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
PAUL S. GIBSON, DIRECTOR OF FINANCE/CITY TREASURER
SUBJECT: Waste Management Franchise Agreed Upon -Procedures Review for
the Years Ending December 31, 2001 through 2003.
DATE:
June 9, 2005
Attachments: Independent Accountants' Report (Confidential)
RECOMMENDATION:
By Minute Motion:
1) Receive and file the Agreed Upon -Procedure Review for the Waste
Management for years ending December 31, 2001 through 2003
(Confidential); and
2) Waive the late penalties calculated by the auditors; and
3) Charge Waste Management an agreed upon penalty.
BACKGROUND:
In July 2004, Lance, Soli & Lunghard, LLP was contracted to perform an agreed upon -
procedure review for the franchise fee agreement between the City and Waste
Management for the years ending December 31, 2001 through 2003. The agreed upon -
procedure was in accordance with verification standards established by the American
Institute of Certified Public Accountants. During this process, staff has had numerous
meetings with the auditors regarding the findings. Because of these delays, the City
received the report in February 2005.
In conducting their review, the auditors preformed 8 procedures on the franchise fee
and 5 procedures on recycling fees that were agreed upon by the Finance and
Community Service Departments. Attached are the auditors' procedures and findings
along with the auditors' calculations of the service charges for underpayment and late
payment.
Staff met with Waste Management staff to discuss the findings on the report and has
agreed to present to council a reduction of the auditors' findings and recommend a 10
percent penalty of the aggregate underpayment of franchise and recycling fees. Staff is
recommending a total charge of $36,685.48, which includes $33,350.44 for
underpayment of franchise and recycling fees plus the 10 percent penalty of $3,335.04.
Staff recommends that the City Council receive and file the Agreed Upon -Procedure
Review for the Waste Management years ending December 31, 2001 through 2003,
waive the late penalty fees calculated by the auditors, and charge Waste Management
a recommend 10 percent penalty of the aggregate underpayment of franchise and
recycling fees.
Respectfully submitted, Reviewed an• _•nc
PAUL S. GIBSON,
DIRECTOR OF FINANCE/TREASURER
SHEILA GILLIGAN,
ACM COMMUNITY SER CES
ROBERT KOHN,
DIRECTOR OF SPECIAL PROGRAMS
CARLOS L. OEGA,
CITY MANAGER