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OIG No. 25-07 Double Waste Service, Inc. Roll-Off Fee Revenues7OR G Joseph M.Centorino,Inspector General TO:Honorable Mayor and Members of the City Commission FROM:Joseph Centorino,Inspector General DATE:April 16,2025 AUDIT:Double Waste Service,Inc.Roll-Off Fee Revenues Audit PERIOD:August 1,2018 through May 31,2021 OIG No.:25-07 This report is based on a Sanitation Tax Compliance audit of the permit fees that Double Waste Service,Inc.charged,collected,and remitted to the City Finance Department during the audit period of August 1,2018,through May 31,2021.The City of Miami Beach Office of the Inspector General (OIG)Sanitation Tax Auditor assessed the contractor's compliance with selected provisions in the City Code,including obtaining annual Business Tax Receipts and filing required reports.Additionally,the audit reviewed the performance of City staff responsible for monitoring Double Waste Service,Inc.and processing the payments received from the contractor. INTRODUCTION City Code Requirements for Roll-Off Contractors Definitions of Roll-Off and Bulky Waste &Permit Fees As defined in City Code Section 90-2,a Roll-Off is a container with a minimum capacity of ten cubic yards designed to be transported by a motorized vehicle.Contractors primarily use these containers to collect and dispose of construction and demolition debris and large quantities of trash or bulky waste.Bulky waste includes large household items such as appliances,furniture,accumulations from major tree trimmings,large crates,and similar materials.In contrast,commercial refuse refers to all solid waste generated by commercial establishments.Roll-Offs are not intended for garbage or commercial refuse disposal. Contractors operating in Miami Beach must comply with the requirements outlined in City Code Section 90-221.These requirements include the monthly remittance of permit fees based on the City Commission-approved rate:18%of total gross receipts from the start of the audit period through October 5,2019,and 20%thereafter.The fee is calculated by applying the applicable rate to the contractor's total gross receipts from operations within the City. Page 1 of 4 Definition of Gross Receipts City Code Section 90-221 defines gross receipts as all contractors'fees collected,whether wholly or partially,for solid waste collection and disposal services provided within the City. However,this excludes taxes and gross receipts from the servicing of Roll-Off and portable containers. Account Reporting Requirements City Code Section 90-278(3)requires that each Roll-Off contractor provide the City Manager with a current list of account names and addresses when submitting an initial application.For permit renewal applications,contractors must also include details such as the frequency of service,permit number,the capacity of each Roll-Off container or dumpster,and the address serviced by each Roll-Off container or dumpster.This list of accounts is typically provided concurrently with the monthly report to the Finance Department and serves as an essential document for verifying the accuracy of the contractor's filings during audits. Monthly Reporting and Fee Payment Requirements City Code Section 90-278(4)requires contractors to submit monthly reports to the City's Finance Department,along with payment of any owed permit fees.These reports are due by the end of the month following the month in which gross receipts were generated.For example,the report and fees for February 2024 must be submitted by March 31,2024.Under City Code Section 90-225(2),unpaid fees that are not timely submitted are subject to penalties of 10%per month,up to a maximum of 50%.Additionally,the highest legal interest rate permitted by law will apply to all unpaid fee amounts (excluding penalties)from the date the fee first became delinquent until it is fully paid. Annual Reporting for Gross Receipts Exceeding $200,000 If a contractor's annual gross receipts exceed $200,000.00,City Code Section 90-278(4) requires the submission of an independently prepared statement of annual gross receipts for the fiscal year during which those receipts were generated.This statement must be prepared by a Certified Public Accountant and submitted to the City Finance Department within 60 days following the close of the contractor's fiscal year. Permit Requirements Finally,City Code Section 90-193 requires all Roll-Off contractors to obtain permits for all solid waste accounts they service within the City. PURPOSE This audit assessed whether the contractor's filings were complete and accurate and whether the corresponding payments were calculated correctly according to the permit fee rates approved by the City Commission.Additionally,the audit aimed to ensure that the City Finance Department received and accurately recorded the filings and payments in a timely manner and to assess the contractor's compliance with other relevant sections of the City Code. Page 2 of 4 OBJECTIVES 1.Assess whether the contractor maintained sufficient records to verify the accuracy of permit fee billings and properly calculated the corresponding Miami Beach gross receipts based on the monthly fees submitted to the City for the audit period August 1, 2018,through May 31,2021. 2.Evaluate whether the contractor submitted its monthly gross receipts reports on time and remitted full payment of the associated fees to the City.If not,determine the penalties and interest charges applied under City Code Section 90-278(6)(a-d). 3.Verify whether the contractor obtained the required annual Business Tax Receipts during the audit period. 4.Determine whether the contractor complied with the reporting requirements specified in City Code Section 90-278. 5.Determine whether monthly permit fee payments remitted by the contractor were accurately recorded in the City's financial system. METHODOLOGY To conduct this audit,the OIG employed a multi-faceted approach that included internet research,a review of the sales reports provided by the contractor,and an analysis of the City's databases for building permits typically associated with Roll-Off services.Although initial delays were encountered,the necessary documentation was eventually obtained after multiple follow-up requests and the issuance of two subpoenas.The submitted documentation verified that Roll-Off services were conducted at 16 locations within Miami Beach during the audit period. RESULTS/CONCLUSION The audit revealed that the contractor miscalculated the Roll-Off permit fees,remitting 18% instead of the required 20%for jobs performed after October 5,2019.Additionally,three invoices from a Miami Beach customer were identified where permit fees were not remitted to the City.These discrepancies resulted in unpaid Roll-Off permit fees totaling $742.70, which includes penalties and interest. The table below provides a detailed breakdown of the gross receipts,submitted fees,under- reported fees,penalties,and interest for the audit period: Period Gross Roll-Off Fees Under-Reported Penalty Interest Amount Receipts submitted Fees Due Auaust 2018-December 2018 $8,120 1,461.60 January 2019-October 5,2019 $17,823 3,208.14 253.80 126.90 48.22 428.92 October 6,2019-December 201€$1,545 278.10 49.70 24.85 5.53 80.08 January 2020-December 2020 $3,690 664.20 73.80 18.10 3.07 94.97 January 2021-May 2021 $1,870 269.10 104.90 30.75 3.08 138.73 482.20 200.60 59.90 742.70 Page 3 of 4 RECOMMENDATION The contractor's noncompliance with the Commission-approved rate of 20%of gross receipts underscores the importance of accurate calculations and timely remittance of fees in accordance with the City Code.It is recommended that the contractor take immediate corrective action to ensure the proper application of the current prescribed rate. o//43236e «lgst7 cc:Eric Carpenter,City Manager Bradford Kaine,Public Works Department Director Jason Greene,Chief Financial Officer Fransy Rivero,Manager,Double Waste Service Inc. OFFICE OF THE INSPECTOR GENERAL,City of Miami Beach1130WashingtonAvenue,6"Floor,Miami Beach,FL 33139Tel:305.673.7020 •Hotline:786.897.1111 Email:CityofMiamiBeachOIG@miamibeachfl.gov Website:www.mbinspectorgeneral.com Page 4 of 4