HomeMy WebLinkAboutOIG No. 23-05 J & M Scaffolds of Florida, Inc. Roll-off Fee Revenues AuditJoseph M. Centorino, Inspector General
FINAL AUDIT REPORT
TO: Honorable Mayor and Members of the City Commission
FROM: Joseph Centorino, Inspector General
DATE: April 4, 2023
AUDIT: J & M Scaffolds of Florida, Inc. Roll-off Fee Revenues Audit
OIG No. 23-05
PERIOD: March 1, 2019 through May 31, 2022
This report stems from an audit performed of the roll-off permit fees charged, collected, and
remitted by J & M Scaffolds of Florida, Inc. (J & M Scaffolds) during the March 1, 2019 through
May 31, 2022, audit period. The City of Miami Beach Office of the Inspector General (OIG)
Sanitation Tax Auditor examined the roll-off contractor's compliance with selected provisions in
the City Code, including the contractor's obtaining annual business tax receipts (BTRs), filing
required reports, and maintaining sufficient insurance coverage. The OIG also reviewed the
performance of City staff responsible for monitoring J & M Scaffolds and processing all payments
received from the contractor.
As J & M Scaffolds and AES Portable Sanitation, Inc. (AES Portable) had the same ownership
on some overlapping Miami Beach roll-off work, audits of both companies were performed
concurrently. Although the assessed amounts are relatively minor in comparison with other
recent roll-off contractor audits, there is value in reading both audit reports simultaneously to
gain insight into the difficult issues inherent in the City's monitoring of contractor reporting. These
issues include difficulties in timely detecting noncompliant contractors through the City's
established processes; the value of using the OIG's subpoena power to obtain the records
needed to conduct audits of non-compliant contractors; the City's current overreliance on audits
to determine contractor compliance; the frequency of unquestioned late or non-existent monthly
filings; and the need for future process and City Code revisions.
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. Contractors use these containers to collect and dispose of
construction and demolition debris and/or large quantities of trash and/or bulky waste, but not
garbage or commercial refuse. Bulky waste represents large items of household refuse, such as
appliances, furniture, accumulations from major tree cutbacks, large crates, and like articles, while
commercial refuse consists of all solid waste produced by commercial establishments.
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EnerGov, the City's licensing and permitting system, listed seventeen roll-off contractors on
November 2, 2022 with their 2022/23 fiscal year BTRs in "active" status, two roll-off contractors in
"temporary" status, and seven contractors in "pending" status. "Temporary" status means that the
BTR will remain active if the contractor complies with agreed-upon terms. "Pending" status means
that the BTR is not yet valid or active and missing needed documentation and/or payment.
The number of roll-off contractors frequently changes, mostly due to enforcement efforts leading
to contractors' complying with City's guidelines and obtaining their BTRs, or as contractors merge
or stop conducting business in Miami Beach and do not renew their BTRs.
Roll-off contractors operating in Miami Beach are required to follow the terms outlined in the City
Code, which include the monthly remittance of roll-off permit fees equal to the City Commission
approved rate (18% from the beginning of the audit period through October 5, 2019, and 20% for
the remainder of the audit period) multiplied by the total gross receipts for each contractor's City
operations. City Code Section 90-221 defines gross receipts as the entire amount of fees
collected by the contractor (whether wholly or partially collected) for solid waste collection and
disposal within the City, excluding any taxes, and gross receipts from servicing roll-off and
portable containers.
City Code Section 90-278(3) requires that each roll-off contractor provide the City Manager with
a current list of the names and addresses of each account upon its initial application. Upon any
application for renewal of its permit, each contractor must provide the frequency of service, the
permit number and capacity of each roll-off container or dumpster for each account, and the
address serviced by each roll-off container or dumpster. This list of accounts is typically submitted
concurrently with the monthly report to the Finance Department. It is an essential document to
verify the accuracy of the roll-off contractor's filings during the audit process.
City Code Section 90-278(4) requires monthly reports, accompanied by payment of any owed
fees, to be submitted to the City Finance Department by all authorized contractors at the end of
the month after the month in which the gross receipts were generated. For example, the monthly
report and any associated roll-off permit fees owed for August 2022 are due by September 30,
2022. Any unpaid fees that are not timely received are subject to penalties of 10% per month up
to a maximum of 50%, plus interest of 1 % per month from the date the permit fee first became
delinquent until paid.
When the roll-off contractor has annual gross receipts reported to the City of more than
$200,000.00, the contractor is required to deliver to the City Finance Department a statement of
annual gross receipts generated from accounts within the City for the preceding fiscal year
prepared by an independent Certified Public Accountant. These statements of annual gross
receipts are to be furnished within sixty days following the close of the roll-off contractor's fiscal
year pursuant to City Code Section 90-278(4). J & M Scaffolds did not exceed this annual
threshold during the audit period, and, therefore, was not required to submit this statement.
Lastly, City Code Section 90-196 details the insurance coverage required to be maintained by
qualified licensed roll-off contractors, and Section 90-193 addresses the need to obtain permits
for all accounts serviced in the City.
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NEED FOR ADDITIONAL RECORDS AND ISSUED SUBPOENAS
The OIG Sanitation Tax Auditor noted several roll-off containers placed by J & M Scaffolds and
AES Portable servicing Miami Beach properties while conducting unannounced field
observations during June 2022. A subsequent review of the State of Florida Division of
Corporations website, dos.myflorida.com/sunbiz, found that AES Portable and J & M Scaffolds
were owned by the same individual and contained different federal identification numbers.
Although it was determined that J & M Scaffolds had obtained the required annual BTRs and it
filed monthly roll-off permit fee returns with the City; AES Portable had not done so and was
noncom pliant.
Given this information, the OIG Sanitation Tax Auditor made multiple requests to the business
owner over many months for the records needed to perform concurrent audits of both companies.
These requests were either ignored or requested time extensions were granted by the OIG. The
business owner asserted that AES Portable did not perform roll-off services in Miami Beach, as it
only supplied portable toilets, while J & M Scaffolds performed all the related roll-off services.
The OIG issued and served two subpoenas to AES Portable and J & M Scaffold. Thereafter, the
business owner began providing the requested records, but failed to provide all needed
documentation. A meeting was then held with the OIG on June 13, 2022, in which the business
owner finally provided the needed AES Portable invoices to confirm it was operating in Miami
Beach during the audit period. In addition, the owner remitted a good faith payment of $14,294.81
to the City for unreported roll-off permit fees due by AES Portable, as calculated solely by the
contractor.
OVERALL OPINION
According to the scaffoldsofflorida.com website, J & M Scaffolds is located at 11050 NW 36th
Avenue in Miami, FL and has been serving the construction industry since 1965. Among its offered
products and services is the rental of 10, 20, and 30-yard roll-off containers.
After multiple requests and receipt of two subpoenas issued by the OIG, J & M Scaffolds provided
the documentation needed to adequately perform this audit. The following deficiencies, separated
by the deficient party(ies), were identified during the audit process:
A. Findings pertaining solely to J & M Scaffolds
1. J & M Scaffolds did not report gross receipts totaling $1,129.24 to the City during
the audit period, which resulted in unpaid roll-off permit fees due of $364.96
(including penalties and interest). In addition, the contractor owes the City
$1,687.89 in associated audit costs pursuant to City Code Section 90-278(6).
2. J & M Scaffolds records provided to the OIG indicate the performance of roll-off
services at five Miami Beach locations during the audit period without its obtaining
the required permits, contrary to the City Code, and with no Notices of Violations
(NOVs) issued by the City.
3. J & M Scaffolds did not timely obtain its BTR for the 2018/19 fiscal year related to
roll-offs, for which no NOV was issued by the City.
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B. Findings pertaining solely to the City
4. J & M Scaffolds was assigned sixteen different contact numbers in the City's
EnerGov system, thereby complicating the search process to determine whether
any outstanding balances existed.
C. Findings pertaining to both J & M Scaffolds and the City
5. J & M Scaffolds did not timely remit its monthly roll-off permit fees, but the Finance
Department did not charge the contractor $245.86 due in penalties and interest
during the audit period pursuant to City Code Section 90-278(6)(a-c).
6. The roll-off contractor did not timely submit its lists of accounts to the City Manager
pursuant to City Code Section 90-278(3), and no evidence was provided by City
staff indicating that any were requested.
PURPOSE
The purpose of this audit was to determine whether tested roll-off contractor filings were complete
and accurate; whether corresponding remittances were correctly calculated using the City
Commission approved roll-off permit fee rate; whether filings and payments were timely received
and correctly recorded by the City Finance Department; and whether the contractor was compliant
with other designated City Code sections.
SCOPE
1. Determine whether the roll-off contractor maintained sufficient records to verify whether its
tested permit fee billings were correct, and whether its corresponding Miami Beach gross
receipts were accurately computed based on the monthly fees submitted to the City.
2. Determine whether the roll-off contractor timely submitted its tested monthly reports of gross
receipts and remitted full payment of fees due to the City. If not, determine whether the
appropriate penalties and interest charges were assessed pursuant to City Code Section
90-278(6)(a-c).
3. Determine whether the roll-off contractor timely obtained its required annual BTRs during
the audit period.
4. Determine whether the roll-off contractor complied with reporting requirements listed in
City Code Section 90-278.
5. Determine whether the roll-off contractor maintained the required insurance coverage
pursuant to City Code Section 90-196.
6. Determine whether tested monthly roll-off fee payments remitted were accurately recorded
in the City's Financial System.
FINDINGS AND RESULTS/RECOMMENDATIONS
The findings below are separated by those pertaining solely to the roll-off contractor, those
pertaining solely to the City, and those pertaining to both the roll-off contractor and the City.
Findings Pertaining Solely to J & M Scaffolds
1. Unreported Roll-off Permit Fees Totaling $364.96 (Including Penalties and Interest)
And $1,687.89 In Audit Costs Are Due To The City.
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City Code Section 90-221 defines gross receipts as "the entire amount of the fees
collected by the contractor (whether wholly or partially collected) for solid waste collection
and disposal within the city and including, without limitation, but excluding any taxes, and
gross receipts from servicing roll-off and portable containers." City Code Section 90-
278(4) states, "Each contractor shall deliver to the city's finance department a true and
correct monthly report of gross receipts generated during the previous month (from
accounts within the city) on or before the last day of each month. This monthly report
shall include the customer names, service addresses, account numbers, and the actual
amount collected from each customer. Payments of any fees required in this section shall
be made monthly to the finance department, on or before the last day of each month, for
gross receipts of the previous month."
In addition, City Code Section 90-278(6)(a-c) states that late contractor remittances are
subject to penalties of ten percent per month with a maximum of fifty percent and interest
at the highest legal rate permitted by law ( 12% per annum was charged).
J & M Scaffolds filed the following 28 monthly Roll-Off Permit Fee Returns and remitted
the associated payments to the City Finance Department during the March 1, 2019
through May 31 , 2022 audit period:
MonthNear Roll-Off Permit Fees Paid
March 2019 $191 .60
April 2019 260.92
May 2019 81 .00
July 2019 81 .00
Auqust2019 761 .63
September 2019 81 .00
October 2019 144.94
January 2020 155.66
March 2020 90.00
June 2020 90.00
May 2020 775.13
September 2020 265.03
October 2020 284.41
January 2021 180.00
February 2021 90.00
April 2021 90.00
May 2021 90 .00
June 2021 241 .87
Auaust 2021 90.00
September 2021 180.00
October 2021 406.58
November 2021 956.56
December 2021 120.24
Januarv 2022 420.07
February 2022 589.48
March 2022 382.38
April 2022 229.31
May 2022 5,350.74
Total $12,679.55
The City Code did not require contractors during most of the audit period to file monthly
Roll-Off Permit Fee Returns when no monies were due to the City. Therefore, the Finance
Department would not have been aware that monthly reports and/or monies may have
been due for the months for which the contractor did not file (e.g., June 2019, November
2019, December 2019, February 2020, and others). City staff may have assumed that the
contractor did not perform any related Miami Beach roll-off transactions during the
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unreported months.
This shortcoming was resolved through the ratification of City Resolution No. 2021-4456,
effective December 18, 2021, which requires, in accordance with a previous
recommendation of the OIG, the submittal of monthly reports regardless of whether any
work was performed during that period, and levies a $50 late filing fee for each month that
the return is delinquent, among other revisions.
The OIG Sanitation Tax Auditor examined all contractor provided documentation to
determine the amount of monthly Miami Beach roll-off gross receipts occurring during the
audit period. The audited monthly gross receipts were multiplied by the corresponding City
Commission approved rate to calculate the roll-off permit fees due, which were then
compared to the contractor's remitted roll-off permit fee payments. Identified differences
were forwarded to the contractor, with any sufficiently explained differences removed from
the corresponding assessment calculations.
In sum, there were three unreported taxable Miami Beach roll-off transactions resulting in
$364.96 in roll-off permit fees (including penalties and interest) due to the City, as shown
by affected period in the table below.
Period Unreported Roll-Off Roll-Off Penalties ** Interest Total
Gross Fee Fees Due ** Amount
Recei,:,ts Rate * Due
Jan. 2019-Sept. 2019 $553.32 18% $99.60 $49.80 $36.39 $185.79
Oct. 2019-Dec. 2019 $10.00 20% $2 .00 $1 .00 $0.63 $3.63
Jan. 2022 -Dec. 2022 $565.92 20% $113.18 $56.59 $5.77 $175.54
Totals $1,129.24 $214.78 $107.39 $42.79 $364.96
City Commission approved roll-off permit fees equaled 18% from the beginning of the audit period, March 1, 2019,
through October 5, 2019, and 20% from October 6, 2019 through the end of the audit period, May 31 , 2022.
Penalties and interest were waived and not charged for late payments received during the period of March 1,
2020 through November 30, 2020 pursuant to City Resolution Nos. 2020-31237 and 2020-31390.
Upon notification, the Finance Department issued invoice #39371 on October 5, 2022
billing the contractor for the $364.96 identified deficiency.
Also, the OIG Sanitation Tax Auditor noted that J & M Scaffolds had the following three
customer IDs in the Munis system database during the audit period: 12300, 12671 and
12018. The Munis system is the City enterprise resource planning system. Customer ID
#12300 captured the $1,000 annual roll-off permit fee payment remitted by the contractor
for the 2021 /22 fiscal year, customer ID #12671 captured all its monthly roll-off permit fee
payments, and customer ID #12018 was used for an Eden system conversion database.
The Eden system was the City enterprise resource planning system used prior to the
Munis system.
In addition, City Code Section 90-278(6) states as follows: If the contractor fails to timely
pay the full permit fee as set forth in subsections (1) and (2) of this section, the contractor
shall pay any and all of the city's expenses for collection of such fees, including, but not
limited to, court costs, audit costs and reasonable attorney fees. As a result, it was
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calculated that the City is due $1,687.89 in audit costs related to the completion of this
audit by the OIG Sanitation Tax Auditor.
Results/Recommendations:
The City's Finance Department should invoice J & M Scaffolds $1,687.89 in audit costs
pursuant to City Code Section 90-278(6). The roll-off contractor should timely remit full
payment of the $364.96 in unreported roll-off permit fees billed through invoice #39371
and the $1,687.89 charged in audit costs, to avoid additional disciplinary actions under
the City Code. J & M Scaffolds should consistently and accurately file its future monthly
roll-off fee returns to the City. Finally, it is recommended that contractors, such as J & M
Scaffolds, have only one customer ID in the Munis system database to record all roll-off
related transactions.
Finance Department Response:
The Finance Department has invoiced (# 41710, 02/09/23) J & M Scaffolds of Florida Inc
for $1,687.89 in audit fees. It should be noted that invoice# 39371 for $364.96 as noted
above was paid on October 21, 2022.
Finance researched the number of customer IDs this vendor has in the Munis system
database and found three. Customer ID# 12018 has no activity in approximately 8 years
and has been deactivated. Customer ID # 12300 has two transactions related to license
fees from the Sanitation Department. This customer ID# is being retained (as well as
customer# 12671 used for Roll-Off Fees) to ensure that revenues can be kept properly
segregated. The current configuration of MUNIS allows for multiple IDs to facilitate the
needs of the various departments. If one single ID is utilized the system would improperly
apply cash payments based on the age of balances as opposed to purpose or function of
the payment. As a result, each department creates a unique ID to track revenues and/or
compliance requirements.
2. J & M Scaffolds Records Provided To The OIG Indicate The Performance Of Roll
Off Services At Five Miami Beach Locations During The Audit Period Without
Obtaining The Required Permits, Contrary To City Code And With No Notices Of
Violation Issued.
City Code Section 90-193 states: The city manager shall require, and will issue, a permit
for each garbage facility, recycling, hazardous and biohazardous waste, rol/off and
portable container, for all solid waste accounts in the city serviced by a private waste
contractor. The permit for solid waste collection and disposal shall be issued by the city
manager after the contractor has complied with all requirements for obtaining a business
tax receipt; with any and all other requirements prescribed by this chapter; and has been
cleared by the city's finance department. Roi/offs, portable containers and containers for
recycling or hazardous and biohazardous wastes shall be included, except that all
recycling containers situated in a single location on a property shall require only one
permit. Roll-off permits are issued to contractors by the Sanitation Division upon satisfying
all the designated requirements. If contractors perform roll-off services without timely
obtaining the required permit, then each address is subject to the issuance of a NOV by
the Code Compliance Department.
Upon reviewing all the documentation provided by J & M Scaffolds, the OIG Sanitation
Tax Auditor determined that the contractor performed roll-off services at the following five
Miami Beach addresses without obtaining the required permits from the City Sanitation
Division:
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1) 1327 West Avenue 4) 4385 Collins Avenue
2) 2378 Prairie Avenue 5) 4465 Adams Avenue
3) 311 N. Coconut Lane
The prior violation for 44 Star Island Drive was found to be related to AES Portable
Sanitation Inc. (related entity).
The City Attorney's Office has confirmed with the OIG in connection with a prior audit that
NOVs can be issued retroactively to contractors.
Results/Recommendations:
The Code Compliance Department should issue five NOVs for $100 each to J & M
Scaffolds for unpermitted work at the listed addresses. Once received, the roll-off
contractor should promptly remit the corresponding payments due to avoid possible
additional penalties. J & M Scaffolds should comply with City Code and timely obtain the
required roll-off permits for future Miami Beach addresses serviced or be subject to
receiving NOVs from the Code Compliance Department.
Code Compliance Department Response:
Code Compliance Department issued all the violations.
3. J & M Scaffolds Did Not Timely Obtain its 2018/19 Fiscal Year BTR Related to Roi/
Offs, For Which It Was Not Issued A Notice Of Violation.
City Code Section 102-356 defines business tax as the fees charged for which the City
grants the privilege of engaging in or managing any business, profession, or occupation
within the city's jurisdiction. Furthermore, Section 102-360 states: Each business tax
receipt shall be valid for one year. Tax receipts shall be issued beginning October 1 of
each year and shall expire on September 30 of the following year" and, as Section 102-
370 explains, "(a) The city shall endeavor to notify all business tax receipt holders that
their business tax receipts are due for renewal. However, if the taxee does not receive a
renewal notification, the taxee is responsible to renew the business tax prior to October 1
to avoid delinquent charges. "
In addition , Section 90-192 states: (a) No person shall engage in the business of disposal
and/or collection of any kind of solid waste, or recyclable material within the city without
first having been approved by the city manager, and having secured a current business
tax receipt for such activity. Section 90-278(7) states: "In order to effectively provide for
the collection of the permit fee by the contractor to the city, any person seeking to renew
his/her annual business tax receipt pursuant to the provisions of chapter 102, article V, in
addition to the requirements contained therein, shall provide to the finance director
evidence ofpayment of all outstanding permit fees, fines and other charges as a condition
to reissuance or renewal of the business license. Lastly, Section 102-377 states: (a)Any
person who shall carry on or conduct any business for which a tax receipt is required by
this article without first obtaining such tax receipt shall be issued a violation for the offense
which shall have a civil fine of $1,000.00. The enhanced enforcement for this violation
shall be pursuant to subsection 102-377(d) herein. (d) In addition to the above, a continued
violation of subsection 102-377(a) for a period of 30 days or more without first obtaining a
tax receipt, shall be punished by imprisonment not to exceed 60 days or by imposition of
a fine not to exceed $500.00 or both.
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Contractor furnished records confirm it provided roll-off services at Miami Beach
addresses during the 2018/19, 2019/20, 2020/21, and 2021/2022 fiscal years. Pursuant
to City Code Section 90-192, it was required to obtain annual BTRs from the Finance
Department Licensing Section; however, the OIG Sanitation Tax Auditor's review of the
EnerGov system determined the following during the audit period :
Fiscal Year* License/BTR # Status License/BTR Fee
2018/19 RL-01000057 Not Issued Paid
2019/20 RL-01000057 Issued Paid
2020/21 RL-01000057 Issued Paid
2021/22 RL-01000057 Issued Paid
The City's fiscal year starts annually each October 1st and ends September 30th; therefore, the
2018/19 fiscal year would represent October 1, 2018 through September 30, 2019.
J & M Scaffolds paid for its BTR for the 2018/19 fiscal year on September 10, 2018, but it
was not issued by the Finance Department Licensing Section, due to unpaid balances on
Munis system customer IDs #12671 and #12018. Therefore, the contractor operated on
Miami Beach during the 2018/19 fiscal year without a valid BTR.
As the Code Compliance Department is primarily complaint driven and no evidence was
found indicating that it was notified, no related NOVs were issued to the non-compliant
contractor. The City Attorney's Office confirmed in a May 25, 2022 email to the OIG that if
a roll-off contractor performed services without a BTR in a specific fiscal year, a NOV for
operating in the City without a valid BTR can be issued retroactively by the Code
Compliance Department.
Results/Recommendations:
The Code Compliance Department should issue the roll-off contractor a NOV for $1,000
due to its failure to timely obtain its required BTR for the 2018/19 fiscal year. J & M
Scaffolds should comply with the City Code and timely obtain its future BTRs or be subject
to receiving NOVs from the Code Compliance Department.
Findings Pertaining Solely to the City
4. Multiple Contact Numbers Were Issued To J & M Scaffolds In The City's EnerGov
System.
The Tyler Technologies EnerGov system Citizen Self Services (CSS) portal is the web
based interface that customers use to engage with related City needs. Customers, such
as J & M Scaffolds, create password-protected contact numbers through the CSS portal
containing all its relevant information.
Individuals and businesses with email accounts can, and often do, create numerous
contact numbers, as there are insufficient internal controls to limit the number of contact
numbers in the EnerGov system. Although there may be many reasons why multiple
contact numbers were issued to the same individual or corporation, any obsolete or
outdated numbers are not inactivated. Examples include the following: several individuals
interacting separately with the City but working at the same property address; failure of a
customer to remember a selected password; and a customer acquiring a new email
account. Regardless of the reason, the number of contact numbers has grown
substantially over time, significantly complicating the search process and the
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determination of outstanding balances.
The creation of more than one contact number in the EnerGov system may cause
confusion as roll-off permits, Code Compliance violations, or outstanding balances may
be entered under any of the issued contact numbers. Consequently, the reviewer must be
aware of all contact numbers and examine them in totality to accurately represent the
individual or company's status.
The OIG Sanitation Tax Auditor's examination of the EnerGov system determined that J &
M Scaffolds was issued 16 contact numbers as of October 13, 2022. The 12 roll-off permits
issued to the contractor during the audit period, were disbursed among four issued contact
numbers as shown in the table below. Although all 16 contact numbers should be linked
to the contractor's annual BTR, it was determined that only 424060 and 424061 were
linked.
Contact Numbers # Roll-Off Permits
424060
424061
/D-000010923
/D-000063967
Total
5
1
5
1
12
Results/Recommendation( s ):
Only one active contact number is recommended to be assigned to each address related
to roll-offs to facilitate effective and accurate searches. It is also recommended that the
City's Information Technology Department begin a database debug by deleting these
multiple contact numbers and transferring any corresponding transactions to a contact
number under the control of the property or business owner. The OIG understands that
this is a time-consuming and labor-intensive task but believes that this issue needs to be
addressed. Finally, Code Compliance Department information related to violat.ions should
include a contact number linked to the customer's BTR and any pertinent permits.
Findings Pertaining to Both J & M Scaffolds and the City
5. J & M Scaffolds Did Not Timely Remit Its Monthly Roll-Off Permit Fees, And The
Finance Department Did Not Charge The Contractor $245.86 During The Audit
Period Due In Penalties And Interest Pursuant To City Code Section 90-278(6)(a
c).
City Code Section 90-278( 4) states: Each contractor shall deliver to the city's finance
department a true and correct monthly report of gross receipts generated during the
previous month (from accounts within the city) on or before the last day of each month.
This monthly report shall include the customer names, service addresses, account
numbers, and the actual amount collected from each customer. Payments of any fees
required in this section shall be made monthly to the finance department, on or before
the last day of each month, for gross receipts of the previous month. In addition, the City
Code Section 90-278(6)(a-c) summarized states that late contractor remittances are
subject to penalties of ten percent per month up to a maximum of fifty percent and interest
at the highest legal rate of interest permitted by law (12% per annum was charged),
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exclusive of penalties, from the date which the permit fee first became delinquent until
paid.
The Munis system reported that the roll-off contractor remitted twelve of the 28 roll-off
permit fee payments (42.86%) to the City Finance Department during the audit period
after the due dates specified in City Code Section 90-278( 4 ). As shown in the following
table, the late submitted roll-off permit fee payments ranged from a low of 2 days for May
2019 to a high of 31 days for May 2020.
Month/Year Due Date Date Paid # of Days Late
March 2019 4/30/2019 05/10/2019 10
April 2019 5/31/2019 06/07/2019 7
May 2019 6/30/2019 07/02/2019 2
September 2019 10/31/2019 11/22/2019 22
October 2019 11/30/2019 12/06/2019 6
March 2020 4/30/2020 05/27/2020 27
May 2020 6/30/2020 07/31/2020 31
September 2020 10/31/2020 11/09/2020 9
October 2020 11/30/2020 12/05/2020 5
January 2021 02/28/2021 03/09/2021 9
February 2021 03/31/2021 04/06/2021 6
April 2021 05/31/2021 06/08/2021 8
Despite the tardiness of these payments, the City Finance Department did not charge
the roll-off contractor any related interest and penalties during the audit period. As a
result, the OIG Sanitation Tax Auditor calculated that the contractor owes a total of
$115.05 in penalties and interest, as shown below.
Month Amount Paid Penalties• Interest• Amount Due
March 2019 $191.60 $19.16 $0.63 $19.79
April 2019 $260.92 $26.09 $0.60 $26.69
May 2019 $81.00 $8.10 $0.05 $8.15
September 2019 $81 .00 $8.10 $0.59 $8.69
October 2019 $144.94 $14.49 $0.29 $14.78
March 2020 $90.00 Waived Waived Waived
May 2020 $775.13 Waived Waived Waived
September 2020 $265.03 Waived Waived Waived
October 2020 $284.41 Waived Waived Waived
January 2021 $180.00 $18.00 $0.53 $18.53
February 2021 $90.00 $9.00 $0.18 $9.18
April 2021 $90.00 $9.00 $0.24 $9.24
Total $2,534.03 $111.94 $3.11 $115.05
Penalties and interest were waived and not charged for late payments received during the period of March 1,
2020 through November 30, 2020 pursuant to City Resolution Nos. 2020-31237 and 2020-31390.
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Results/Recommendation( s ):
The City Finance Department should create an invoice for $115.05 charging J & M
Scaffolds for penalties and interest associated with its 12 late payments remitted during
the audit period. Meanwhile, the contractor should timely remit its future roll-off fee
payments to the City to avoid having additional late charges levied. If not, the contractor
should be invoiced accordingly by the Finance Department pursuant to City Code.
Finance Department Response:
The City Finance Department has invoiced (# 41710, 02/09/23) J & M Scaffolds for
$115.05 as follows:
Penalties - $ 111.94
Interest -$ 3.11
Total $115.05
Additionally, the City Finance Department has invoiced (# 41710, 02/09/23) J & M
Scaffolds for $1,400.00 for failing to file monthly statements with the City for the months
of June 2022 -December 2022. No statement remittances for those periods have been
received as of February 9, 2023.
6. J & M Scaffolds Did Not Timely Submit Its Lists Of Accounts To The City Manager
Pursuant To City Code Section 90-278(3), And No Evidence Was Provided From City
Staff Indicating That Any Were Requested.
City Code Section 90-278(3) states: Each contractor shall provide the city manager with
a current list of the names and addresses of each account, upon initial application, and
upon any application for renewal, of its permit, the frequency of service, and the permit
number and capacity ofeach roll-off container or dumpster as per account and the address
serviced by each roll-off container or dumpster. No property owner may share an account
with another property owner.
J & M Scaffolds did not provide the City Manager with its lists of accounts during the audit
period, nor was evidence provided indicating that any were requested by the City. Upon
request, the roll-off contractor provided the lists of accounts to the OIG Sanitation Tax
Auditor. These listings are essential in verifying the accuracy of the roll-off contractor's
filings during the audit process, as its customer data is subsequently reconciled with the
supporting documentation provided.
The list of accounts furnished was used to prepare and mail positive confirmation letters
to identified J & M Scaffolds customers, requesting a listing of all Miami Beach roll-off
transactions with the contractor during the specified period. The OIG Sanitation Tax
Auditor's corresponding reconciliation of all returned confirmation letters with the furnished
list of accounts did not reveal any material differences.
Results/Recommendation( s ):
J & M Scaffolds should prospectively comply with City Code Section 90-278(3) and timely
submit its lists of accounts to the City Manager. The OIG recommends that the City Code
be revised to establish a due date for the submittal of these lists of accounts and to allow
the charging of interest and/or penalties to non-compliant contractors.
Page 12 of 13
All written responses received by the OIG from affected persons or entities related to the
disbursed draft report have been included in this final report, in accordance with Section 2-256(h}
of the City of Miami Beach Code.
Respectfully submitted,
,,,~ ,,_J
Date
Otf-of-.,lool.3
Date
cc: Alina T. Hudak, City Manager
Eric Carpenter, Deputy City Manager
Joe Gomez, Public Works Department Director
Bradford Kaine, Sanitation Division Director
Jason Greene, Chief Financial Officer
Hernan D. Cardena, Esq ., Code Compliance Department Director
Frank Quintana, Chief Information Officer
Rene Guerra, President, J & M Scaffolds of Florida, Inc.
OFF ICE OF THE INSPECTOR GENERAL, City of Miami Beach
1130 Washington Avenue, 6th Floor, Miami Beach, FL 33139
Tel : 305.673.7020 • Hotline: 786.897.1111
Email : CityofMiamiBeachOIG@miamibeachfl.gov
Website: www.mbinspectorgeneral.com
Page 13 of 13