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State Beachfront Mgmt Agmt -Operational Rev 08-30-2017M IAMI BEACH INTERNAL AUDIT REPORT City of Miami Beach, 1700 Convention Center Drive , Miami Beach , Florida 33 139, www.miamibeachfl .gov Office of Interna l Audit Tel: 305-673-7020 TO : FROM: DATE : AUDIT : PERIOD : Jimmy L. Morales, City Manag~;~v-­ James J. Sutter, Internal Audito7.I" August 30, 2017 State Beachfront Management Agreement (#3595) Operational Review October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) This report is the result of a regularly scheduled audit of the operational controls surrounding the City's managing of the State Beachfront Management Agreement No. 3595 and the corresponding amendment which extended its terms through February 7, 2032. A separate audit report focusing on our financial review was issued to the State of Florida in accordance with the agreement. Lastly, the audit scope has been extended to include confirming that beachfront concession fees charged for equipment, food/beverage and water sports were accurately billed to the applicable hotels, apartments and condominiums through the Finance Department's business tax receipt process. INTRODUCTION State Beachfront Management Agreement No . 3595 requires the City of Miami Beach to remit 25% ("sand tax") of any and all monies collected from private concessionaires or other private concerns for the use of State beachfront property to the Florida Department of Environmental Protection. Also, in accordance with state statutes, the City collects 7% sales tax along with the beachfront rental revenue, and remits same to the State's Department of Revenue. There are four categories of beachfront property users : • Operators of concessions seaward of Lummus Park, Ocean Terrace, North Shore Open Space Park, Pier Park, 21st Street and 45th Street (Boucher Brothers, Pen rods Brothers and Tim Wilcox, Inc.) who pay for the use of the beachfront as per their respective contractual agreements with the City. • Miami Beach hoteliers , apartments and condominium associations, which pay beach upland fees to the City annually based on the number of units, at the same time that they pay their business tax receipt fees. • Members of the public who run organized, usually one time only events on the beach such as weddings, volleyball tournaments and corporate affairs. These are called special events and payments are remitted to the City's Tourism, Culture and Economic Development Department. • Productions requiring to park essential vehicles on the beach or sand areas of Miami Beach may purchase vehicle beach access passes from the City's Tourism, Culture and Economic Development Department. The cost of the pass is $150, per vehicle, per event. Event producers may purchase a maximum of ten (10) vehicle access permits per event, unless additional passes are approved by the City Manager or his designee . We are committed ta providing excellent public service and safety ta all who live , work, and play in our vibran t, tropical, historic community. Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August30,2017 The following table lists the total amount of sand tax paid by the City to the State of Florida for the use of their beachfront property during the past three fiscal years: Category FY 2013/14 FY 2014/15 FY 2015/16 Total Beachfront Concessions $285,046 $311,914 $347,893 $944,853 Hoteliers and Condo Associations $74,743 $66,713 $58,528 $199,984 Special Events $51,058 $33,690 $41,513 $126,261 Vehicle Beach Access Passes $12,311 $15,863 $12,694 $40,868 Subtotal $423,158 $428,180 $460,628 $1,311,966 Adjustments $0 $0 ($13,602) ($13,602) Total $423,158 $428,180 $447,026 $1,298,364 OVERALL OPINION City Bills and Miscellaneous Cash Receipts were generally accurately calculated and distributed among the appropriate general ledger accounts. This data along with upland fee revenues was typically found to be properly entered into the City's Financial System. Despite these positive findings, the following shortcomings were noted that are in need of improvement: • The City inadvertently underpaid the State of Florida by $6,084.19 due to noted incorrect general ledger entries. • City Ordinance No. 2003 -3420 states that beach upland fees are to be based on the number of units but no unit definition could be found thereby making it more difficult to calculate and to explain to property owners. In its absence, City staff has implemented agreed upon procedures which were not always followed which could result in some entities paying more or less than actually owed. Regardless, a comparison of the Office of Real Estate's beachfront concession letter agreements' figures with those billed by the Finance Department's Licensing Section identified one $12, 180 difference that needs correction. • The City incorrectly billed eleven hotels, apartments and condominiums by a net total of $831 during the 2016/17 fiscal year in beachfront concession fees for equipment, food/beverage and/or water sports based on a comparison with the Field Monitor's reports. PURPOSE The purpose of this audit is to determine whether the City complied with State Beachfront Management Agreement No. 3595 by accurately calculating, timely remitting and properly recording sand tax payments to the Florida Department of Environmental Protection equal to 25% of any and all revenues collected from private concerns for the use of State beachfront property. Also, the beachfront concession fees for equipment, food/beverage and/or water sports billed to hotel, apartment and condominium property owners were examined to ensure that they were accurate. Page 2of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 SCOPE 1. Confirm that State Beachfront Management Agreement No. 3595 is valid and its terms complied with. 2. Confirm that updated City standard operating procedures exist, are known and followed by staff. 3. Confirm that the supporting documentation maintained is organized, sufficient and complete. 4. Confirm that tested 2015/16 fiscal year sand tax transactions are complete, accurately calculated and properly recorded in the City's Financial System. 5. Confirm that tested Finance Department's quarterly sand tax payments are correct and are timely remitted to the State of Florida's Department of Environmental Protection. 6. Confirm that tested beachfront concession fees were accurately billed to the applicable hotels, apartments and condominiums for the 2016/17 fiscal year. PROCESS DESCRIPTION The City's Finance Department mails its annual business tax receipts in July/August requesting payment for the upcoming fiscal year by October 1st. Any hotel, apartment or condominium that collects money from some combination of equipment rentals, food/beverage sales and/or water sports rentals occurring on the beach during the 2015/16 and 2016/17 fiscal years were to be billed upland fees at $21 per unit on their business tax receipt in accordance City Ordinance No. 2003-3420 ($15 per unit charge in the 2003/04 fiscal year which has been increased by 5% every two years since) in addition to their other pertinent annual charges. A maximum charge of $10,000 per upland property was in effect for each affected location from 2002 through the 2015/16 fiscal year. Therefore, eight properties including the Loews, Fontainebleau, Eden Roe, Radisson Deauville, Canyon Ranches, Decoplage, etc. with more than 476 units (477 x $21 > $10,000) would only be charged the maximum of $10,000 in upland fees during the 2015/16 fiscal year. However, this maximum was increased to $15,000 annually as of October 1, 2016 due to the City Commission's adoption of Resolution No. 2016-29403. As a result, only three properties (the Loews Hotel, The One Hotel and Condo and the Fontainebleau Hilton Resort) currently have more than 714 units (715 x $21 > $15,000) which were charged the maximum in upland fees during the 2016/17 fiscal year. This is important to note for this audit because a number of property owners remit their 2016/17 fiscal year upland fees timely during the fourth quarter of the 2015/16 fiscal year so the City would include these monies in their quarterly sand tax payment to the State of Florida due on 10/20/16. Also, any hotels, apartments and condominiums subject to upland fees plus beachfront concessionaires (Boucher Brothers, Penrods Brothers and Tim Wilcox, Inc.) will also owe some Page 3of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 combination of fees for equipment, food/beverage and/or water sports. The cost of each relevant beachfront concession fee permit for the 2015/16 and 2016/17 fiscal years was $771. These fees are billed through the City's annual business tax receipt process similar to upland fees. The payment for business tax receipts is due in full by October 1st or the customer may be subject to Code Compliance citations and/or penalties. All payments received are to be processed by the Finance Department's Central Cashier and distributed to the corresponding general ledger accounts pre-programmed into the City's Financial Cashiering Module. Furthermore, the aforementioned beachfront concessionaires remit payments based on their respective agreements with the City. For example, Penrods Brothers remitted monthly payments whereas the Boucher Brothers pay an upfront minimum guarantee with a true-up at year end whereby any calculated overages are due by December 31 81 . Meanwhile, Tim Wilcox, Inc. was to remit both monthly minimum guarantee payments and a true-up at year end before the loss of their contract in December 2015 and their subsequent replacement by the Boucher Brothers. Any monies received by the Central Cashier are applied in the manner designated on the City Bills previously created by Office of Real Estate staff in the City's Financial Accounts Receivable module. Lastly, the Tourism, Culture and Economic Development Department is responsible for approving and monitoring special events occurring in the City as well as the issuance of vehicle beach access passes. Promoters have to meet specified criteria and remit various fees to stage special events based on a number of factors. As the amount owed is known in advance, the Tourism, Culture, and Economic Development Department creates City Bills to invoice special events promoters. These City Bills detail the desired distribution among the applicable general ledger accounts (sand tax, sales tax, etc.) to be used upon the receipt and processing of the payment. Vehicle beach access passes are available at a daily fee of $150 per vehicle for those promoters needing to park essential vehicles on the City's beach or sand areas assuming all required criteria are satisfied. However, the actual amount owed is often unknown until the day of the event for film companies requesting vehicle beach access passes. Therefore, staff instead manually prepares pre-numbered Miscellaneous Cash Receipt forms (MCRs) to process any monies received. The MCR provides such pertinent information as the payer's name, address, reason for paying and total paid; the general ledger account number distribution for these monies; as well as the preparer's relevant information. This form accompanied by the payment is then brought to the Central Cashier for processing and validation. FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSES 1. Finding: The State of Florida was Inadvertently Underpaid by $6,084.19 in Sand Tax During the Audit Period due to Noted Incorrect General Ledger Entries All sand tax transactions processed during the audit period were tested to confirm that the City's quarterly payments to the State of Florida were timely and correct. In doing so, it was determined that the State of Florida was inadvertently underpaid by a total of $6,084.19 as shown in Exhibit A located at the end of this audit report due primarily to incorrect general ledger distributions when processing the payments. Staff from the Page 4of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 Tourism, Culture and Economic Development Department as well as the Finance Department confirmed these incorrect entries existence and agreed to make the appropriate adjusting journal entries. Recommendation(s): After completing the necessary adjusting journal entries, the $6,084.19 in incorrectly calculated sand tax payments should be added to the State of Florida's next quarterly payment. Going forward, all general ledger distributions on City Bills and MCRs should be closer reviewed for accuracy before being processed. Management Response (Finance Department): This underpayment was subsequently added to the amounts owed from sand tax transactions occurring between 01/01/17 and 03/31/17 and was included in check #412927 dated 04/18/17 for $201 ,224.60. Management Response (Tourism. Culture and Economic Development Department): The agreed upon differences will be corrected through pending journal entry. Management Response (Office of Real Estate): The sand tax payments were submitted incorrectly due to errors in manual calculations. In April 2016, the Office of Real Estate created and implemented a spreadsheet template to automatically calculate the correct distributions. 2. Finding: Difficulties in Determining and Verifying the Applicable Number of Upland Units Continues Resulting in Concerns Whether the City is Billing and Collecting the Appropriate Annual Amounts and $12, 180 in Upland Fees that were Not Properly Billed Based on a Comparison with the Signed Beachfront Concession Letter Agreements City Ordinance No. 2003 -3420 states that beach upland fees are to be based on the number of units but no unit definition could be found thereby making it difficult to calculate and to explain to questioning property owners. It is important to accurately and consistently determine the number of units annually as it affects such business tax receipt calculations as upland fees, hotels (smoke detector) fees, etc. When asked, the City Attorney's Office stated that the beachfront concession letter agreements should at least be prepared bi-annually in accordance with the associated increases in upland and beach concession fees per City Ordinance No. 2003 -3420. These three page letter agreements provide the framework for permitted beachfront concessions which includes the number of upland units, the amount of upland and beachfront concession permit fees due, etc. Although the fees were not slated to increase until the 2017 /18 fiscal year, the Office of Real Estate prepared letter agreements for the 2016/17 fiscal year to coincide with their recent guidelines changes (increasing the annual upland fee maximum to $15,000, etc.). Ideally, these letter agreements need to be completed and returned from the property owners in May/June so that the corresponding amounts can be properly billed in the business tax receipt process. However, the Office of Real Estate received the last of these letter agreements in February 2017 after several phone calls and follow-up visits by staff. Page 5of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August30,2017 A comparison of the amounts of upland fees owed according to the beachfront letter agreements and those amounts actually billed in the City's EnerGov System found that the Carillon Hotel & Spa located at 6801 Collins Avenue was not billed $12, 180 during the 2016/17 fiscal year. The Finance Department's Licensing Section reviewed this omission and billed the entity accordingly. Recommendation( s ): Once upland units are defined, the City Administration and applicable departments should determine the optimal means to determine the number of units in buildings annually so that the corresponding fees can be accurately and consistently calculated for all properties. In the interim, Internal Audit agrees that the best approach is to invoice property owners based on their corresponding overall number of units available for rent or purchase as it is the most straightforward calculation. Using this logic, Office of Real Estate staff should continue to at least bi-annually determine the expected number of applicable units for each upland property and mail beachfront concession agreement letters to obtain the property owners approval as to the listed information. Whenever possible, these completed letter agreements should be returned prior to the mailing of the annual business tax receipts so that they reflect the accurate unit counts and don't have to be subsequently adjusted. Finally, copies of any received signed concession letter agreements should continue to be promptly sent to the Finance Department's Licensing Section with the reported data, which includes the number of units and beachfront concessions to be used for each entity's fee billings. The Finance Department should reconcile these amounts with those actually billed to help detect any identified differences earlier so that they can be quickly corrected; it is recommended that this be tasked to a specific individual for consistency in the review process. Management Response (Finance Department): Moving forward, the letter agreement should be submitted to the Finance Department before the business tax receipt renewal (July 1st) to correct any discrepancies prior to printing and mailing. The Finance Department will make an effort to coordinate with the Office of Real Estate prior to sending the business tax receipt renewals. Management Response (Office of Real Estate): The Office of Real Estate does not determine the number of upland units and relies on the information contained in the City's licensing system. Moving forward, the Office of Real Estate will begin the annual renewal process by May 1 and provide a preliminary summary of charges to the Finance Department by July 1. Any revisions to the preliminary summary of charges after July 1 will be provided to the Finance Department as they are received. The Field Monitor is tasked with processing the renewals. 3. Finding: Beachfront Concession Fees Were Incorrectly Charged Resulting in Eleven Entities Being Under Billed by a Net Total of $831 During the Audit Period Hotels, apartments and condominiums subject to upland fees along with beachfront concessionaires will also owe some combination of beachfront concession fees for Page 6 of 13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 equipment, food/beverage and water sports. The Office of Real Estate's beachfront concession letter agreements list the number of beachfront concession fees for each entity and the corresponding amount owed. A comparison of these letter agreements with the City's Financial System's 2016/17 fiscal year's beachfront concession fee billings found a net total of $831 was not billed or collected for eleven different properties. Exhibit B located at the end of this audit report provides a detailed listing of the eleven identified property owners' beachfront concession fee category differences totaling $831 as sorted by property address. Positive numbers represent instances whereby the entity was overbilled and if paid the customer is entitled to a credit while negative numbers show that the entity was under billed and additional monies are owed to the City Recommendation( s ): The Finance Department's Licensing Section should adjust the eleven identified upland fee owners' year business tax receipts listed in Exhibit B accordingly. In the future, the Office of Real Estate should make every effort to furnish their analysis of the beachfront concession fees prior to the printing and mailing of the annual business tax receipts so that any noted discrepancies can be immediately corrected as a means to better ensure their accuracy. Finally, the Finance Department should be tasked with the responsibility of ensuring that the furnished letter agreements' results agree with those amounts billed in the City's Financial System. Any noted differences should be promptly investigated and corrected. Management Response (Finance Department): The Finance Department adjusted the identified business tax receipts and billed accordingly based on the revised agreements submitted by Office of Real Estate. Management Response (Office of Real Estate): The preliminary summary was provided to Finance on July 11, 2016 which was prior to the printing and mailing of the business tax receipts. Revisions to the preliminary summary were provided to the Finance Department on September 13, 2016, January 10, 2017 and February 28, 2017. EXIT CONFERENCE An exit conference was held in the Office of Budget and Performance Improvement with Sasha Gonzalez (Customer Services Manager), Jeannie Castor (Financial Analyst), Mark Milisits (Asset Manager), James Sutter (Internal Auditor) and Mark Coolidge (Assistant Internal Auditor). Management responses were solicited and included above. All parties were in agreement as to the contents of this report. JJS:MC:mc Audit performed by Assistant Internal Auditor Mark Coolidge F:\OBPl\$AUD\INTERNAL AUDIT FILES\DOC16-17\REPORTS -FINAL\BEACHFRONT 2016 CITY REPORT.docx Page 7of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 cc: Kathie G. Brooks, Assistant City Manager Eva Silverstein, Tourism, Culture and Economic Development Department Director John Woodruff, Chief Financial Officer Page 8of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 SCHEDULE OF FEES COLLECTED STATE BEACHFRONT MANAGEMENT AGREEMENT FISCAL YEAR 2015/16 EXHIBIT A VEHICLE BEACH SPECIAL BEACH UPLAND CONCESSION EVENTS ACCESS TOTAL OWED TOTAL 25% DUE 25% DUE 25% DUE 25% DUE 25% DUE REMITTED TO CONCESSIONAIRE FEES* STATE STATE STATE STATE STATE TO STATE STATE 305 Films $300.00 $75.00 $75.00 $75.00 $0.00 2 360 Destination Group $4,625.00 $781.25 $375.00 $1,156.25 $1,156.25 $0.00 3 ACT Productions $10,974.00 $2,293.50 $450.00 $2,743.50 $2,743.50 $0.00 4 Add Fire Inc. $150.00 $37.50 $37.50 $37.50 $0.00 5 Alchemy Consulting LLC $300.00 $75.00 $75.00 $75.00 $0.00 6 Alexander Condominium $4,830.00 $1,207.50 $1,207.50 $1,207.50 $0.00 7 Amanda Dowds $875.00 $218.75 $218.75 $218.75 $0.00 8 Anand Event Services $150.00 $37.50 $37.50 $37.50 $0.00 9 Armo Productions LLC $900.00 $225.00 $225.00 $225.00 $0.00 10 Arpi Group $386.00 $96.50 $96.50 $96.50 $0.00 11 Art Fairs Unlimited LLC $34, 198.76 $7,987.19 $562.50 $8,549.69 $8,549.69 $0.00 12 Best Western Atlantic Beach $4,284.00 $1,071.00 $1,071.00 $1,071.00 $0.00 13 Beth Studenberg Inc. $300.00 $75.00 $75.00 $75.00 $0.00 14 Bond Brand Loyalty $1,295.00 $323.75 $323.75 $323.75 $0.00 15 Boucher Brothers LLC $1,353,420.52 $338,261.38 $93.75 $338,355.13 $332,255.12 $6, 100.01 16 Bridge Productions $450.00 $112.50 $112.50 $112.50 $0.00 17 Bright Horizons $1,250.00 $312.50 $312.50 $312.50 $0.00 18 Broder Productions $1,650.00 $412.50 $412.50 $412.50 $0.00 19 Carlos Buitron $875.00 $218.75 $218.75 $218.75 $0.00 20 Chisholm Properties Sobe $146.48 $36.62 $36.62 $36.62 $0.00 21 CMRG Apparel $300.00 $75.00 $75.00 $75.00 $0.00 22 D Joy Productions Inc. $150.00 $37.50 $37.50 $37.50 $0.00 23 Danny Cardozo $150.00 $37.50 $37.50 $37.50 $0.00 24 Days Inn Oceanside $2,793.00 $698.25 $698.25 $698.25 $0.00 25 Doubletree Surfcomber $2,310.00 $577.50 $577.50 $577.50 $0.00 Page 9of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August30,2017 26 Douglas Mott Photography $450.00 $112.50 $112.50 $112.50 $0.00 27 East of Collins Expediting Inc. $612.48 $153.12 $153.12 $153.12 $0.00 28 Eden Roe Renaissance Resort $10,000.00 $2,500.00 $2,500.00 $2,500.00 $0.00 29 Eighty Seven Park $1,150.00 $250.00 $37.50 $287.50 $287.50 $0.00 30 Elite Planning Firm $450.00 $112.50 $112.50 $112.50 $0.00 31 ESPN $300.00 $75.00 $75.00 $75.00 $0.00 32 Event Activation Team $24,352.00 $5,525.50 $562.50 $6,088.00 $6,088.00 $0.00 33 Event Consulting International $0.00 $0.00 $0.00 $0.00 $0.00 34 Exclusive Sports Marketing $600.00 $150.00 $150.00 $150.00 $0.00 35 Faena Hotel Miami Beach $20,878.48 $1,911.00 $2,896.12 $412.50 $5,219.62 $5,219.62 $0.00 36 Faena House Condominium $1,848.00 $462.00 $462.00 $462.00 $0.00 37 Fireworks by Santore, Inc. $300.00 $75.00 $75.00 $75.00 $0.00 38 FIU Sports $325.00 $81.25 $81.25 $81.25 $0.00 39 Fontainbleau Hilton Resort $15,000.00 $3,750.00 $3,750.00 $3,750.00 $0.00 40 Four Points by ITT Sheraton $4,536.00 $1,134.00 $1,134.00 $1,134.00 $0.00 41 Fox Entertainment $750.00 $187.50 $187.50 $187.50 $0.00 42 Funkshion LLC $300.00 $75.00 $75.00 $75.00 $0.00 43 Global Arts Project, Inc. $275.00 $68.75 $68.75 $68.75 $0.00 44 Goose Communications Ltd $900.00 $225.00 $225.00 $225.00 $0.00 45 Grand Beach Hotel $9,030.00 $2,257.50 $2,257.50 $2,257.50 $0.00 46 Greg Hinsdale $1,200.00 $300.00 $300.00 $300.00 $0.00 47 Harbour Films $150.00 $37.50 $37.50 $37.50 $0.00 48 Hartland Productions, LLC $300.00 $75.00 $75.00 $75.00 $0.00 49 Hello Florida Destination $612.48 $153.12 $153.12 $153.12 $0.00 50 HG Producers $4,050.00 $1,012.50 $1,012.50 $1,012.50 $0.00 51 HHLP Miami Beach Associates $1,932.00 $483.00 $483.00 $483.00 $0.00 52 Hilton Cabana Miami Beach $4,851.00 $1,212.75 $1,212.75 $1,212.75 $0.00 53 Holiday Inn Miami Beach $5,208.00 $1,302.00 $1,302.00 $1,302.00 $0.00 54 lczaAvila $75.00 $18.75 $18.75 $18.75 $0.00 55 Joe Montezinos $150.00 $37.50 $37.50 $37.50 $0.00 56 Keith Lathrop $300.00 $75.00 $75.00 $75.00 $0.00 57 King Richard Condominium $1,092.00 $273.00 $273.00 $273.00 $0.00 Page 10of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 58 La Tour Condominium $1,407.00 $351.75 $351.75 $351.75 $0.00 59 Life Time Fitness Athletic $8,460.04 $1,365.01 $750.00 $2, 115.01 $2, 115.01 $0.00 60 Live Ultimate Run $900.00 $225.00 $225.00 $225.00 $0.00 61 Location Resources $1,650.00 $187.50 $225.00 $412.50 $412.50 $0.00 62 Loews Hotel $15,000.00 $3,750.00 $3,750.00 $3,750.00 $0.00 63 Logistics Management Group $37,603.76 $8,350.94 $1,050.00 $9,400.94 $9,400.94 $0.00 64 Marriott Stanton South Beach $4,956.00 $1,239.00 $1,239.00 $1,239.00 $0.00 65 Marseille Hotel $2,373.00 $593.25 $593.25 $593.25 $0.00 66 Michael Filonow $450.00 $112.50 $112.50 $112.50 $0.00 67 MM Productions $2,100.00 $525.00 $525.00 $525.00 $0.00 68 MRM Productions $300.00 $75.00 $75.00 $75.00 $0.00 69 Mosaic on Miami Beach $1,806.00 $451.50 $451.50 $451.50 $0.00 70 Nautilus South Beach Hotel $5,271.00 $1,317.75 $1,317.75 $1,317.75 $0.00 71 Ocean Walk on South Beach Condo $1,659.00 $414.75 $414.75 $414.75 $0.00 72 Pazit $600.00 $150.00 $150.00 $150.00 $0.00 73 Penrods Brothers Inc. $57,171.76 $13,731.94 $486.00 $75.00 $14,292.94 $14,292.94 $0.00 74 Pro One Productions $1,800.50 $450.13 $450.13 $450.00 $0.13 75 Production Factory $1,200.00 $300.00 $300.00 $300.00 $0.00 76 Quadrum Miami Beach LLC $1,725.00 $318.75 $112.50 $431.25 $431.25 $0.00 77 Riu Florida Beach Hotel $5,964.00 $1,491.00 $1,491.00 $1,491.00 $0.00 78 Robert J. Day Ill $512.52 $128.13 $128.13 $128.13 $0.00 79 Route 7 Productions $1,050.00 $262.50 $262.50 $262.50 $0.00 80 Royal Palm Hotel $16,506.00 $4,126.50 $4,126.50 $4,126.50 $0.00 81 Saint Lucy Represents $150.00 $37.50 $37.50 $37.50 $0.00 82 Seagull Hotel Miami Beach $3,066.00 $766.50 $766.50 $766.50 $0.00 83 Select Service $1,050.00 $262.50 $262.50 $262.50 $0.00 84 Shelborne South Beach $10,710.00 $2,677.50 $2,677.50 $2,677.50 $0.00 85 Shore Club $6,825.00 $1,706.25 $1,706.25 $1,706.25 $0.00 86 Six Degrees $600.00 $150.00 $150.00 $150.00 $0.00 87 SLS South Beach Hotel $2,772.00 $693.00 $693.00 $693.00 $0.00 88 Soho House Beach House $3,386.20 $262.50 $471.55 $112.50 $846.55 $862.50 ($15.95) 89 South Beach Chamber Ensemble $70.00 $17.50 $17.50 $17.50 $0.00 Page 11of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 90 South Seas Hotel $2,457.00 $614.25 $614.25 $614.25 $0.00 91 Sparktacular $750.00 $187.50 $187.50 $187.50 $0.00 92 Sullivan Productions $150.00 $37.50 $37.50 $37.50 $0.00 93 Texas Roadhouse Holdings LLC $7,900.00 $1,937.50 $37.50 $1,975.00 $1,975.00 $0.00 94 The Bath Club $2,394.00 $598.50 $598.50 $598.50 $0.00 95 The Bentley Beach Hotel $4,578.00 $1, 144.50 $1, 144.50 $1, 144.50 $0.00 96 The Carillon Hotel & Spa $10,000.00 $2,500.00 $2,500.00 $2,500.00 $0.00 97 The Deauville Beach Resort $11,340.00 $2,835.00 $2,835.00 $2,835.00 $0.00 98 The Miami Beach Edition Hotel $6,174.00 $1,543.50 $1,543.50 $1,543.50 $0.00 99 The One Hotel & Condominium $10,000.00 $2,500.00 $2,500.00 $2,500.00 $0.00 100 The Palms Hotel & Spa $5, 166.00 $1,291.50 $1,291.50 $1,291.50 $0.00 101 The Raleigh Hotel $2,394.00 $598.50 $598.50 $598.50 $0.00 102 The Ritz Carlton South Beach $7,896.00 $1,974.00 $1,974.00 $1,974.00 $0.00 103 The Savoy on South Beach $4,221.00 $1,055.25 $1,055.25 $1,055.25 $0.00 104 The Setai Resort $2,048.00 $462.00 $50.00 $512.00 $512.00 $0.00 105 The W South Beach Hotel $8,253.00 $2,063.25 $2,063.25 $2,063.25 $0.00 106 Tim Wilcox, Inc. $8,000.00 $2,000.00 $2,000.00 $2,000.00 $0.00 107 Tops Equestrian Events $28,575.00 $6,581.25 $562.50 $7, 143.75 $7, 143.75 $0.00 108 Vendome Place Condominium $1,701.00 $425.25 $425.25 $425.25 $0.00 109 Westgate South Beach $966.00 $241.50 $241.50 $241.50 $0.00 110 Yachting Promotions Inc. $3,750.00 $937.50 $937.50 $937.50 $0.00 Subtotal $1,866,847.98 $58,527.75 $353,993.32 $41,497.05 $12,693.88 $466. 712.00 $460,627.81 $6,084.19 Prior Sand Tax Audit Corrections $36,628.08 $9, 157.02 $9, 157.02 $0.00 Tim Wilcox, Inc. Audit Corrections ($98,877.04) ($24,719.26) ($24,719.26) $0.00 Prior Audit Corrections $7,840.12 $1,960.03 $1,960.03 $0.00 Subtotal ($54,408.84) $0.00 $0.00 $0.00 $0.00 ($13,602.21) ($13,602.21) $0.00 Grand Total $1,812,439.14 $58,527.75 $353,993.32 $41,497.05 $12,693.88 $453, 109. 79 $447,025.60 $6,084.19 *Excludes sales tax Page 12of13 Internal Audit Report State Beachfront Management Agreement Operational Review (#3595) October 1, 2015 through September 30, 2016 (Sand Tax Payments) October 1, 2016 through September 30, 2017 (Beachfront Concession Fees) August 30, 2017 SCHEDULE OF BEACHFRONT CONCESSION FEES STATE BEACHFRONT MANAGEMENT AGREEMENT FISCAL YEAR 2016/17 EXHIBITB BEACH FRONT BEACH FRONT CMB CONCESSION CONCESSION CONCESSIONAIRE ADDRESS EQUIPMENT FOOD * * South Seas Hotel 1751 Collins Ave $0.00 $771.00 The W South Beach Hotel 2201 Collins Ave $0.00 $0.00 Westgate Resort 3611 Collins Ave $0.00 $771.00 Days Inn Oceanside 4299 Collins Ave $0.00 $771.00 Four Points by ITT Sheraton 4343 Collins Ave $0.00 $0.00 Blue and Green Diamond Condominium 4777 Collins Ave $0.00 $771.00 Miami Beach Resort and Spa 4833 Collins Ave $0.00 $0.00 Alexander Condominium 5225 Collins Ave ($771.00) $0.00 Hilton Cabana Miami Beach Hotel 6261 Collins Ave $0.00 ($771.00) The Deauville Beach Resort 6701 Collins Ave $0.00 $0.00 BEACH FRONT TOTAL CONCESSION FEES WA TE RS PORTS OWED * $0.00 $771.00 ($60.00) ($60.00) $0.00 $771.00 $0.00 $771.00 $771.00 $771.00 $0.00 $771.00 ($771.00) ($771.00) $0.00 ($771.00) $0.00 ($771.00) ($771.00) ($771.00) The Carillon Hotel & Spa 6801 Collins Ave ($771.00) ($771.00) $0.00 ($1,542.00) Total ($1,542.00) $1,542.00 ($831.00) ($831.00) ANY POSITIVE AMOUNTS LISTED ABOVE INDICATE THAT THE CITY OVERBILLED THE ENTITY AND IF PAID A CREDIT IS DUE, WHILE ANY NEGATIVE AMOUNTS MEAN THAT THE ENTITY WAS UNDERBILLED AND ADDITIONAL MONIES ARE OWED TO THE CITY Page 13of13